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Home My WebLink About2013-02-14 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 14, 2013, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) · Minutes of meeting held January 28, 2013 at 8:30 a.m. · Meeting scheduled February 25, 2013 at 8:30 a.m. 7. PRESENTATIONS 7.1. Water Operations / Water Quality Presentation 8. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 8.1. Minutes of the Board of Directors Regular Meeting held January 24, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Workshop Meeting held January 29, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Minutes of the Board of Directors Special Meeting held January 30, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,573,369.40. 8.5. Investment Report for Period Ending December 31, 2012 Recommendation: That the Board of Director's receive and file the Investment Report for the Period Ending December 2012. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 9.1. Final Payment/Change Order No. 1 for YL Blvd Pipeline Project Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of $99,265.35 including nine additional calendar days and Final Progress Payment No. 7 in the net amount of $107,032.08. Further, authorize staff to file the Notice of Completion and release the retention 35-days following recordation, if no liens have been filed; release the Payment Bond, and release the Faithful Performance Bond in one year if no defects have been found for the construction of the Yorba Linda Blvd. Pipeline Project, Job No. 2008-17. 9.2. 1000 to 920-ft. Zone Reconfiguration Waterline Recommendation: That the Board of Directors authorize approval of this project allowing staff to solicit bids to construct the 1000 to 920-ft. Zone Reconfiguration Waterline. 9.3. Authorized Officers for Investments Held at Pershing Recommendation: That the Board of Directors approve Resolution No. 13-02 Authorizing the Acting General Manager and Finance Manager to Act on Behalf of the District Relating to District Investments Held at Pershing LLC and Rescinding Resolution 12-24. 9.4. Proposed Revision to Procurement and Purchasing Policy Recommendation: That the Board of Directors approve Resolution No. 13-03 adopting the revised Procurement and Purchasing Policy. 9.5. Amending Employee Compensation Letters to Incorporate Provisions of AB 340 and Application of At-Will Employment for Future Unrepresented Employees Recommendation: That the Board of Directors adopt Resolution No. 13-04 Amending Resolution Nos. 12-07 and 12-08 to Incorporate Provisions of AB 340 and Application of At-Will Employment for all Future Unrepresented District Employees. 9.6. Proposed Extension of Professional Services Agreement with Townsend Public Affairs Recommendation: That the Board of Directors consider extending the Professional Services Agreement with Townsend Public Affairs at a fee of $5,000 per month. 9.7. Appointment of Committee Members for City of YL/YLWD Joint-Agency Standing Committee Recommendation: That the Board President recommend appointment of two Directors to serve on the City of Yorba Linda/YLWD Joint-Agency Standing Committee to meet on a regular, periodic basis, and that the Board of Directors consent to those appointments. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report 10.2. Directors' Report 10.3. Acting General Manager's Report · Construction Progress Presentation 10.4. General Counsel's Report 10.5. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS CONTINUED 11.1. Executive-Administrative-Organizational Committee (Melton/Kiley) · Meeting scheduled February 27, 2013 at 4:00 p.m. 11.2. Finance-Accounting Committee (Hawkins/Melton) · Minutes of meeting held January 28, 2013 at 12:00 p.m. · Meeting scheduled February 25, 2013 at 12:00 p.m. 11.3. Personnel-Risk Management Committee (Collett/Beverage) · Minutes of meeting held February 5, 2013 at 4:00 p.m. · Meeting scheduled February 26, 2013 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) · Minutes of meeting held February 13, 2013 at 3:00 p.m. (To be provided at the next regular Board meeting.) · Meeting scheduled March 7, 2013 at 3:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) · Minutes of meeting held January 21, 2013 at 4:00 p.m. · Minutes of meeting held February 4, 2013 at 4:00 p.m. · Meeting scheduled February 20, 2013 at 4:00 p.m. 11.6. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) · Minutes of meeting held February 4, 2013 at 9:00 a.m. · Meeting to be scheduled in May 2013. 11.7. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) · Minutes of meeting held January 22, 2013 at 4:00 p.m. · Meeting scheduled March 26, 2013 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. ISDOC - January 31, 2013 (Collett/Hawkins/Kiley) 12.2. WACO - February 1, 2013 (Hawkins/Kiley) 12.3. YL City Council - February 5, 2013 (Kiley) 12.4. MWDOC/MWD Workshop - February 6, 2013 (Melton/Staff) 12.5. OCWD Board - February 6, 2013 (Kiley/Staff) 12.6. YL Planning Commission - February 13, 2013 (Melton) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from February 15, 2013 - March 31, 2013 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 14.1. MWDOC Colorado River Aqueduct Inspection Trip - March 8-10, 2013 Children's Water Education Festival - March 27-28, 2013 Santa Ana River Watershed Conference - April 11, 2013 ACWA/JPIA Spring Conference - May 6-7, 2013 ACWA/Spring Conference - May 7-10, 2013 OC Water Summit - May 17, 2013 Recommendation: That the Board of Directors authorize Director attendance at these events if desired. 15. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 15.1. Conference with Legal Counsel – Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al. vs. Insurance Company of the State of Pennsylvania, et al. (OC Superior Court - Case No. 00486884) Name of Case: OCTA vs. YLWD (OC Superior Court - Case No. 00606042) Name of Case: OCTA vs. Amelia De Agundez et al. (OC Superior Court - Case No. 00598169) and related cases. 15.2. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two 16. ADJOURNMENT 16.1. The next Board of Directors Regular Meeting is scheduled to be held Thursday, February 28, 2013 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District’s internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 6.1 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Citizens Advisory Committee (Beverage) · Minutes of meeting held January 28, 2013 at 8:30 a.m. · Meeting scheduled February 25, 2013 at 8:30 a.m. ATTACHMENTS: Name:Description:Type: 012813_-_CAC_Minutes.docx CAC Mtg Minutes 01/28/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING January 28, 2013 CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by Chair Daniel Mole. The meeting was held at the District’s Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE MEMBERS PRESENT Daniel Mole Lindon Baker Bill Guse Modesto Llanos Cheryl Spencer-Borden Oscar Bugarini Fred Hebein Rick Buck Joe Holdren YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Michael J. Beverage, Director Steve Conklin, Acting General Manager Damon Micalizzi, Public Information Officer OTHER VISITORS Rob Hanford, District Manager, Golden State Water Company Mark Schock 1. PUBLIC COMMENTS None. 2. PRESENTATIONS 2.1. Understanding the Private Water Utility – Rob Hanford, District Manager, Golden State Water Company Mr. Hanford presented to the committee a look at Golden State Water Company and how a private utility differs from a public utility. The group discussed Golden State’s organizational structure, governing bodies and economic forecasting among other components of its business structure. 3. DISCUSSION ITEMS 3.1. Future Agenda Items • Protecting the District’s Water Supply – A Collaboration with OC Sheriff’s Department 2 4. ADJOURNMENT 4.1. The Committee adjourned at 10:15 a.m. The next regular meeting of the Citizens Advisory Committee will be held Monday, February 25, 2013 at 8:30 a.m. ITEM NO. 8.1 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Minutes of the Board of Directors Regular Meeting held January 24, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 012413_BOD_-_Minutes.doc BOD Mtg Minutes 01/24/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 MB/RK 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 24, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 24, 2013 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Melton at 8:30 a.m. The meeting was held in the Board Room at the District’s Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Gary T. Melton, President Steve Conklin, Acting General Manager Robert R. Kiley, Vice President Lee Cory, Operations Manager Michael J. Beverage Gina Knight, Human Resources and Risk Mgr Ric Collett Stephen Parker, Finance Manager Art Vega, Interim Information Technology Mgr DIRECTORS ABSENT John DeCriscio, Chief Plant Operator Phil Hawkins Damon Micalizzi, Public Information Officer Amelia Cloonan, Human Resources Analyst ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Eugene Hernandez, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP (Arrived at 8:36 a.m.) 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre addressed the Board and congratulated Mr. Cory on his upcoming retirement. He then reported on the current water supply situation. 6. SPECIAL RECOGNITION 6.1. Recognition of Employees for Their Service to the District Lee Cory, Operations Manager (15 Years) Mr. Conklin provided an overview of Mr. Cory’s work history. President Melton read aloud a proclamation highlighting Mr. Cory’s achievements while employed at the District. The Board commended Mr. Cory for his dedication. Mr. Conklin presented Mr. 2 Cory with a pin commemorating the number of years he had served the District. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-1 with Director Hawkins being absent. Director Collett abstained from voting on Check No. 60576 on Item No. 6.3. as he has a financial interest with the vendor. 7.1. Minutes of the Board of Directors Regular Meeting held January 10, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Workshop Meeting held January 14, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,009,066.60. 7.4. Final Progress Payment and Notice of Completion for Pressure Regulating Station Upgrades, Phase 1 Recommendation: That the Board of Directors approve Final Progress Payment in the net amount of $6,992 to Vido Samarzich, Inc. and authorize staff to file the Notice of Completion and release the retention thirty-five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the construction of the Pressure Regulating Station Upgrades Project, Phase 1. Job No. J2011- 08. 8. ACTION CALENDAR 8.1. Revised Personnel Rules to Include At-Will Employment for Unrepresented Positions Mrs. Knight explained that the Board of Directors had recently voted to support at-will employment for all future unrepresented District employees. Section 1.02 of the Personnel Rules has been revised to include this provision and is being presented to the Board for consideration. Director Beverage made a motion, seconded by Director Collett, to approve Resolution No. 13-01 adopting the revised District Personnel Rules. Motion carried 4-0-1 on a Roll Call vote with Director Hawkins being absent. 3 8.2. Staff Participation in 2013 Water Leaders Class Mr. Conklin explained that Derek Nguyen was selected to participate in the Water Education Foundation’s Water Leaders Class of 2013. Mr. Nguyen has received a $1,500 scholarship towards the cost of tuition. Staff is requesting that the District cover the remaining tuition of $1,500 and related travel costs. Director Collett made a motion, seconded by Director Beverage, to concur with the Acting General Manager’s recommendation that Derek Nguyen be authorized to participate in WEF’s Water Leader Class of 2013, with the District paying $1,500 towards tuition, as well as program-related costs for travel and expenses, in accordance with District policies and procedures. Motion carried 4-0-1 with Director Hawkins being absent. 8.3. YLWD Signage for Board Room Mr. Micalizzi explained that the Public Affairs-Communications- Technology Committee had been discussing branding options for the rear wall in the Board room for quite some time. He then described the design and placing of the proposed signage. Director Kiley made a motion, seconded by Director Collett, to approve the design for the Board Room at the cost of $1,715.76 to be taken out of the Public Affairs Budget for 2012-2013. Motion carried 4-0-1 with Director Hawkins being absent. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President’s Report President Melton reported on his attendance at the MWDOC Water Policy Forum. He stated that Senator Michael Rubio spoke and that it was a very informative and enjoyable event. 9.2. Directors’ Report CSDA Effective Board Member / AB1234 Training – January 22, 2013 (Kiley) MWDOC Water Policy Forum & Dinner – January 23, 2013 (Kiley/Melton) Director Kiley reported on his attendance at the MWDOC Water Policy Form and stated that Senator Rubio was a very outstanding speaker. He then reported on his attendance at the CSDA Effective Board Member training and noted that there were people from all over the state in attendance. 4 9.3. Acting General Manager’s Report Mr. Conklin reported that an All-Hands meeting was held on January 23, 2013 during which he provided a “State of the District” message. This included an overview of current and future projects as well as recognition of newly hired and promoted employees. Mr. Conklin announced that a retirement luncheon in Mr. Cory’s honor will be held on February 6, 2013. Mr. Conklin then commented on a recent article in the OC Register regarding the planned construction of a water desalination plant in Huntington Beach. Mr. Conklin concluded his report by stating that the first meeting of the YLWD/City of Placentia Joint Agency Committee had been set for Monday, February 4, 2013 at 9:00 a.m. 9.4. General Counsel’s Report Mr. Kidman reported that he had attended a recent meeting of the ACWA State Legislative Committee and commented on the water bond, associated proposed legislation, and groundwater management which were discussed during the meeting. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Melton/Kiley) Minutes of the meeting held January 15, 2013 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled February 27, 2013 at 4:00 p.m. 10.2. Finance-Accounting Committee (Hawkins/Melton) Next meeting is scheduled January 28, 2013 at 4:00 p.m. (This meeting was subsequently rescheduled to 12:00 p.m. the same day.) 10.3. Personnel-Risk Management Committee (Collett/Beverage) Minutes of the meeting held January 16, 2013 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled February 5, 2013 at 4:00 p.m. 5 10.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) Minutes of the meeting held January 3, 2013 at 3:00 p.m. were provided in the agenda packet. Next meeting is scheduled February 7, 2013 at 3:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) Minutes of the meeting held January 7, 2013 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held January 21, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled February 4, 2013 at 4:00 p.m. Director Beverage commented on the recent purchase of an interactive whiteboard/touchscreen display which will be demonstrated to the Board following delivery. Mr. Conklin stated that this Committee had requested to schedule a Board workshop meeting to discuss matters related to public affairs. Proposed dates for this meeting are March 18th, 20th, or 21st. Staff will notify the Board once a date has been finalized. 10.6. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) Meeting is to be scheduled. (This meeting was subsequently scheduled February 4, 2013 at 9:00 a.m.) 10.7. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) Minutes of the meeting held January 22, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled March 26, 2013 at 4:00 p.m. 10.8. Citizens Advisory Committee (Beverage) Next meeting is scheduled January 28, 2013 at 8:30 a.m. 6 11. INTERGOVERNMENTAL MEETINGS 11.1. WACO – January 11, 2013 (Hawkins/Kiley) Director Kiley attended and commented on a presentation provided by Bill Hasencamp, Colorado River Program Manager for the Metropolitan Water District of Southern California. Mr. Hasencamp spoke about the current drought, its effect on the Colorado River and the uncertainty of mitigation measures for the Salton Sea. 11.2. YL City Council – January 15, 2013 (Collett) Director Collett attended and commented on a presentation regarding the status of the Cielo Vista/Esperanza Hills Project which was provided during the meeting. Also discussed was the transfer of police services and an increase in residential burglaries in the area. Councilmember Hernandez responded to questions from Director Beverage related to the opinions of individual Yorba Linda City Council members regarding the project. 11.3. MWDOC Board – January 16, 2013 (Melton/Staff) Director Melton attended and reported that the main topic of discussion during the meeting was the election of officers. Ms. Joan Finnegan was elected as the Board President and Mr. Jeffery Thomas as the Vice President. The MWDOC Board also voted to approve refunding of the Tier Two Contingency Fund. Director Beverage mentioned that MWDOC would be issuing a refund check to the District shortly. 11.4. OCWD Board – January 16, 2013 (Kiley/Staff) Director Kiley attended and reported that Councilmember Bruce Whitaker for the City of Fullerton was appointed to serve on the OCWD Board. 11.5. YL Planning Commission – January 23, 2013 (Melton) Director Melton was unable to attend this meeting due to a schedule conflict. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from January 25, 2013 – February 28, 2013 The Board reviewed the activity calendar. Director Collett noted that the second Personnel-Risk Management Committee meeting in February had been rescheduled from February 29, 2013 to February 26, 2013 at 4:00 p.m. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. WEF Bay-Delta Tour – June 12-14, 2013 Director Collett expressed an interest in attending this tour. 7 Director Beverage made a motion, seconded by Director Kiley, to authorize Director attendance at this event if desired. Motion carried 4-0-1 with Director Hawkins being absent. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:20 a.m. All Directors were present with the exception of Director Hawkins. Also present were Mrs. Knight and Messrs. Conklin and Kidman. 14.1. Conference with Legal Counsel – Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court – Case No. 00486884) Name of Case: MAMCO, Inc. vs. Yorba Linda Water District (OC Superior Court – Case No. 00595177) Name of Case: OCTA vs. YLWD (OC Superior Court – Case No. 00606042) Name of Case: OCTA vs. Amelia De Agundez et al. (OC Superior Court – Case No. 00598169) and related cases. The Board reconvened in Open Session at 10:09 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:10 a.m. A Board of Directors workshop meeting is scheduled Tuesday, January 29, 2013 at 9:00 a.m. The next regular meeting of the Board of Directors will be held Thursday, February 14, 2013 at 8:30 a.m. Steve Conklin Board Secretary ITEM NO. 8.2 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Minutes of the Board of Directors Workshop Meeting held January 29, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 012913_BOD_Workshop_-_Minutes.doc BOD Mtg Minutes 01/29/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 MB/RK 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Tuesday, January 29, 2013, 9:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 29, 2013 Yorba Linda Water District Board of Directors Workshop Meeting was called to order by President Melton at 9:00 a.m. The meeting was held in the Board/Training Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT OTHER ATTENDEES Gary T. Melton, President Scott Tiedemann, Managing Partner, LCW Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins STAFF PRESENT Steve Conklin, Acting General Manager Diane Dalton, Sr Maint Dis Operator Gina Knight, HR and Risk Manager Jeff McDonald, Sr Maint Dis Operator Stephen Parker, Finance Manager Joe Polimino, Project Engineer Art Vega, Interim IT Manager John Brundahl, Sr Plant Operator Amelia Cloonan, HR Analyst John DeCriscio, Chief Plant Operator Anthony Manzano, Sr Project Manager Lynn Nuzman, Sr Maint Dis Operator Damon Micallizzi, Public Info Officer Mike Kiddie, Sr Fleet Mechanic Dave Barmer, Sr Maint Dis Operator Rachel Padilla, Customer Svc Supervisor Delia Lugo, Sr Accountant Rick Walkemeyer, SCADA Administrator 4. PUBLIC COMMENTS None. 5. PRESENTATIONS 5.1. Managing Performance through Evaluation Presented by Leibert Cassidy Whitmore Mrs. Knight introduced Mr. Tiedemann and explained that he would be providing the attendees with a presentation regarding managing employee performance through evaluation. 2 Mr. Tiedemann then discussed the following topics and responded to questions from the audience: Importance of Performance Evaluations Reasons for Avoiding Giving Accurate and Complete Evaluations Consequences of Inadequate Performance Evaluations Basic Steps and Rules Performance Evaluations 6. ADJOURNMENT 6.1. The meeting was adjourned at 12:00 p.m. The next regular meeting of the Board of Directors will be held Thursday, February 14, 2013 at 8:30 a.m. Steve Conklin Board Secretary ITEM NO. 8.3 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Minutes of the Board of Directors Special Meeting held January 30, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 013013_BOD_Special_-_Minutes.doc BOD Mtg Minutes 01/30/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 MB/RK 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Wednesday, January 30, 2013, 9:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 30, 2013 Yorba Linda Water District Special Board of Directors Meeting was called to order by President Melton at 9:00 a.m. The meeting was held in the Board/Training Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Gary T. Melton, President Steve Conklin, Acting General Manager Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins ALSO PRESENT Art Kidman, Partner, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP Chris Townsend, President, Townsend Public Affairs, Inc. 4. PUBLIC COMMENTS None. 5. CLOSED SESSION The meeting was adjourned to Closed Session at 9:02 a.m. All Directors were present. Also present were Messrs. Conklin, Kidman, Gagen and Townsend. 5.1. Conference with Legal Counsel – Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: OCTA vs. YLWD (OC Superior Court – Case No. 00606042) Name of Case: OCTA vs. Amelia De Agundez et al. (OC Superior Court – Case No. 00598169) and related cases. 2 The Board reconvened in Open Session at 10:09 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 6. ADJOURNMENT 6.1. The meeting was adjourned at 10:10 a.m. The next regular meeting of the Board of Directors will be held Thursday, February 14, 2013 at 8:30 a.m. Steve Conklin Board Secretary ITEM NO. 8.4 AGENDA REPORT Meeting Date: February 14, 2013 Budgeted:Yes To:Board of Directors Funding Source:All Funds From:Steve Conklin, Acting General Manager Presented By:Stephen Parker, Finance Manager Dept:Finance Prepared By:Maria Trujillo, Accounting Assistant I Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $2,573,369.40. DISCUSSION: The wires on this disbursement list are as follows: A wire of $70,176.10 to OCWD for Fiscal Year 2011- 2012 Annexation Charge; a wire of $1,303,785.70 to OCWD for July through December 2012 Replenishment Assessment; a wire of $264,723.19 to MWDOC for December 2012 water purchase; and, a wire of $94,058.43 to ACWA/JPIA for February 2013 health premium. The balance of $378,145.09 is routine invoices. The Accounts Payable check register total is $2,110,888.51; Payroll Nos. 2 and 3 totals are $232,195.47 and 230,285.42, respectively; and, the disbursements of this agenda report are $2,573,369.40. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: CkReg21413_BOD.pdf Check Register Backup Material 13-CS_214.doc Cap Sheet Backup Material 13_CC_214.xls Credit Card Summary Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 MB/RK 5-0 . February 14, 2013 CHECK NUMBERS: Manual Check 60598 $ 23,513.00 Computer Checks 60599—60723 $ 348,143.34 $ 371,656.34 WIRES: W-12413A OCWD $ 70,176.10 W-12813 ACWA/JPIA $ 94,058.43 W-12813B SoCal GIB—Wells Fargo Bank $ 6,488.75 W-13113 OCWD $1,303,785.70 W-21413 MWDOC $ 264,723.19 $1,739,232.17 TOTAL OF CHECKS AND WIRES $ 2,110,888.51 PAYROLL NO. 2 and 3: Direct Deposits $ 145,641.20 Third Party Checks 5482—5497 $ 47,467.47 Payroll Taxes $ 39,086.80 Direct Deposits $ 145,620.56 Third Party Checks 5498—5509 $ 44,993.47 Payroll Taxes $ 39,671.39 TOTAL OF PAYROLL $ 462,480.89 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $ 2,573,369.40 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF FEBRUARY 14, 2013 ================================================================== Date Vendor Name Amount Description 01/15/13 Wells Supply 13,505.59 WHS Stock 02/01/13 Bank of America 25.00 Annual Fee TOTAL 13,530.59 Date Vendor Name Amount Description 01/14/13 Steven Engineering 617.30 Phoenix Power Supply 24VDC 01/15/13 John Deere Landscapes 27.25 Landscape Supplies 01/15/13 MWDOC 225.00 Water Forum/Melton/Kiley/Conklin 01/15/13 OC Parks 200.00 Shelter #1 Reservation Fee 01/15/13 Xylem Dewatering Solutions 3,176.28 Hoses for Pump 01/16/13 Praxair 66.59 Welding Supplies 01/16/13 Schorr Metals 62.99 Valley View Vent Cutting Charges 01/18/13 Shape Products 250.68 6 Bottles Acetate Buffer Solution 01/21/13 The Home Depot 5.04 Landscape Supplies 01/21/13 The Home Depot 10.76 2 Ligustrum Waxleaf 01/22/13 Online Information Services 104.60 Web Access Fee/Social Search 01/22/13 Praxair 64.82 CO2 Bottle for South Loop Analyzer 01/15/2013-02/1/2013 Rewards Visa Bank of America Cal Card Credit Card U S Bank 01/14/2013-01/31/2013 01/22/13 Praxair 64.82 CO2 Bottle for South Loop Analyzer 01/22/13 The Home Depot 226.61 6 Shovels 01/23/13 Big Lots 38.45 EOC Storage Boxes 01/23/13 Glasby Maintenance 53.40 Lock for Towel Dispenser 01/23/13 Orange Tree Deli 1,186.16 Lunch/All Hands Meeting 01/23/13 Praxair 160.29 Vic Torch Repair/Compressed Oxygen 01/24/13 MWDOC 51.00 ISDOC Mtg Collett/Kiley/Hawkins 01/24/13 Naperbrook Plumbing 161.00 4 Gallons Eco Descale 01/28/13 America's Instant Signs 857.00 Boardroom Logo Panels 01/28/13 Minuteman Press 171.76 Brochure/Operations Mgr 01/28/13 Pres-Tech 1,054.08 Ferromagnetic Locator 01/28/13 Stefano's 22.48 Lunch/FAC 01/28/13 Wells Supply 7,493.66 WHS Stock 01/29/13 GFOA 380.00 Annual Conference/Parker 01/29/13 White Cap 42.17 Concrete Tools 01/30/13 Jobs Available 472.50 Display Ad/Operations Mgr 01/30/13 Michaels 26.98 Picture Frame 01/31/13 Verizon 1,889.81 January Charges TOTAL 19,098.66 ITEM NO. 8.5 AGENDA REPORT Meeting Date: February 14, 2013 To:Board of Directors From:Steve Conklin, Acting General Manager Presented By:Stephen Parker, Finance Manager Dept:Finance Prepared By:Delia Lugo, Senior Accountant Subject:Investment Report for Period Ending December 31, 2012 SUMMARY: Government Code Section 53607, et, seq., requires the person delegated to invest funds to make a quarterly report of the investments to the legislative body. STAFF RECOMMENDATION: That the Board of Director's receive and file the Investment Report for the Period Ending December 2012. DISCUSSION: Staff is submitting the Investment Report for the Period Ending December 2012 for your review and approval. This report ends the first quarter for FY 2012/13. The Investment Portfolio Report presents the market value and percent yield for all the District investments by institution. The Investment Report Summary includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The total average portfolio yield for the month of December 2012 was 0.68%. PRIOR RELEVANT BOARD ACTION(S): Investment reports are presented to the Board of Directors on a quarterly basis. The Investment Report for the Period Ending September 30, 2012 was received and filed by the Board of Directors on November 21, 2012. ATTACHMENTS: Name:Description:Type: Invst_Rpt_12-12.xlsx Investment Report for Period Ending December 2012 Backup Material Invst_Agenda_Backup_-_Dec_2012.xlsx Investment Agenda Backup - Dec 2012 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 MB/RK 5-0 Market %Percent Value Cost of Total Institution Yield Checking Account: 210,056$ 210,056$ Wells Fargo Bank 210,056$ 210,056$ 1.13%Total0.00% Money Market Accounts: 54,940$ 54,940$ Wells Fargo Money Market0.05% 1,901,945 1,901,945 Bank of the West0.35% 17,24817,248US Bank (2008 Bond Reserve)0.04% 1,974,134$ 1,974,133$ 10.67%Total0.34% Federal Home Loan Bank: 2,151,1672,144,397$ US Bank (2008 Bond Reserve)1.35% 2,151,167$ 2,144,397$ 11.62%1.35% Pooled Investment Accounts: 3,813,268$ 3,813,268$ Local Agency Investment Fund0.33% 27,816 27,816 CalTRUST Short Term0.30% 10,331,212 10,308,574 CalTRUST Medium Term 0.76% Yorba Linda Water District Investment Portfolio Report December 31, 2012 10,331,212 10,308,574 CalTRUST Medium Term 0.76% 14,172,296$ 14,149,658$ 76.58%0.64% 18,507,652$ 18,478,244$ 100%Total Investments 0.68% Per Government Code requirements, the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months. 12/31/12 ________________________________ Delia Lugo, Senior Accountant Below is a chart summarizing the yields as well as terms and maturities for the month of December 2012: Avg. PortfolioAvg. Portfolio# of Month Yield WithoutYield WithDays to of 2012 CalTRUST CalTRUST Maturity December0.68%0.59%79 Below is are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 12/31/201112/31/2012 Monthly - December 43,925$ 7,827$ Year-to-Date 149,123$ 63,297$ Budget 2011/20122012/2013 Interest Budget, December YTD95,000$ 75,000$ Interest Budget, Annual 190,000$ 150,000$ Interest earned on investments is recorded in the fund that owns the investment. The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: November 2012% AllocDecember 2012% Alloc Fund DescriptionBalance11/30/2012Balance12/31/2012 Water Operating Reserve2,565,670$ 16.13%3,965,764$ 21.68% Water Emergency Reserve1,005,7805.67%1,005,5075.50% Water Capital Project Reserve 8,398,178 48.73%8,161,885 44.61% Investment Summary Report Investment Summary Comparison Between Current and Previous Month Water Capital Project Reserve 8,398,178 48.73%8,161,885 44.61% Water Reserve for Debt Service745,5932.48%745,0414.07% Maintenance Reserve200,4201.13%186,9201.02% COP Revenue Bond 2008 - Reserve2,151,90712.16%2,151,16711.76% COP Revenue Bond 200817,2480.02%17,248 0.09% Sewer Operating85,5190.48%16,1670.09% Sewer Emergency Reserve1,004,7745.67%1,004,5025.49% Sewer Capital Project Reserve1,336,1657.53%1,043,3955.69% 17,511,254$ 100.00%18,297,596$ 100.00% Water Operating814,680 63,830 Sewer Operating162,447 146,226 977,127 210,056 Totals 18,488,381$ 18,507,652$ Wells Fargo Bank Checking ITEM NO. 9.1 AGENDA REPORT Meeting Date: February 14, 2013 Budgeted:Yes Total Budget:$2.25 M To:Board of Directors Cost Estimate:$1.7 M Funding Source:All Water Funds From:Steve Conklin, Acting General Manager Account No:101-2700 Job No:J-200817 Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:No Prepared By:Joe Polimino, Project Engineer CEQA Compliance:MND Subject:Final Payment/Change Order No. 1 for YL Blvd Pipeline Project SUMMARY: Work is complete on construction of the Yorba Linda Blvd Pipeline Project. It included 5,170 lineal feet of 20-inch diameter water transmission main, various valves, blow-off and air-release installations in Yorba Linda Blvd. Submitted for consideration is Final Payment/Change Order No. 1 and request for authorization to file the Notice of Completion for the project. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 1 in the amount of $99,265.35 including nine additional calendar days and Final Progress Payment No. 7 in the net amount of $107,032.08. Further, authorize staff to file the Notice of Completion and release the retention 35-days following recordation, if no liens have been filed; release the Payment Bond, and release the Faithful Performance Bond in one year if no defects have been found for the construction of the Yorba Linda Blvd. Pipeline Project, Job No. 2008-17. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee considered this item at its meeting on February 13, 2013. The Committee will discuss its recommendations with the Board. DISCUSSION: In accordance with the contract documents, Garcia Juarez Construction, Inc. submitted a Request for Change Order No. 1 in the amount of $99,265.35 and resulting Final Progress Payment No. 7, in the amount of $112,665.35 for completed work through January 31, 2012. During this period, the contractor completed all work and punchlist items for the project. Prior to the above, the contractor submitted to District staff a comprehensive list of all the extra work items for which extra payment was being requested. The original amount for this requested change order was $122,296.22. Thereafter, project staff reviewed and negotiated all the requested items with the contractor, resulting in a $23,031 decrease in the change order request amount to $99,265.35. Some of the larger items, summarized in the attachment, which staff reviewed and recommends approval, are described below. Item 20.1 through 20.4: Unknown telephone conduits, encased in concrete caused a conflict with the proposed pipeline alignment and a delay to the project. The solution required a re-design to the pipeline alignment which was deeper than originally designed. The contractor had to then procure additional pipeline materials, increase the trench excavation depth, procure and install additional shoring, and increased labor to install the pipe past the existing phone conduits. Backfill material quantities also increased due to the deeper trench. In total, this conflict cost an additional $11,971.55. Item 27: Un-compacted soil required additional shoring and extra labor at Station 37+48. The contractor encountered loose sand in this area while excavating for the new pipeline. It was found through-out this area of work and therefore required additional shoring and labor to keep the side slopes of the trench in place. The trench zone ultimately was widened, since the sandy soil made vertical trenching impossible. This item cost an additional amount of $3,138.71. Item 36: Re-paving and striping quantities were increased by the City of Yorba Linda, which required the contractor to pave the complete lane width instead of the trench cap per contract. Paving limits were also increased at the intersections, increasing the quantities of asphalt and striping, since each side of the lane and larger areas at intersections would need to be re-striped. This item cost an additional amount of $35,521.37. Item 38: The contractor had to install more traffic loops than shown on the plan, partially because the paving limits were increased and that the quantities were increased due to the loop not being shown on the plans. This item cost an additional amount of $8,400.00. The status of the construction contract with Garcia Juarez Construction, Inc. is as follows: The current contract is $1,681,650.00 and 182 calendar days starting May 29, 2012. If approved, Change Order No. 1 adds $99,265.35 (5.9% of the current contract amount) and 9 work days. If approved, the final construction contract amount will be $1,780,915.35 and 191 calendar days. The final construction cost will be 5.9% over the original contract. If approved, Final Progress Payment No. 7 is $112,665.35 (6.3% of the total contract amount), less 5% retention of $5,633.27 for a net payment of $107,032.08. If approved, total payments to date including retention will be $1,780,915.35 (100% of the total contract amount). District staff and Lee & Ro Inc., the District's design engineer reviewed the contractor's change order and final progress payment and recommend approval. A copy of Change Order No.1 and Final Progress Payment No. 7 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): The Board authorized the President and Secretary to execute a construction agreement in the amount of $1,681,650.00 for the Yorba Linda Blvd Pipeline Project with Garcia Juarez Construction, Inc. on May 24, 2012. The Board has approved six progress payments to date for this project, the last of which was approved on December 20, 2012. ATTACHMENTS: Name:Description:Type: GJC_Change_Order_No_1_signed.pdf YL Blvd. Project Change Order No. 1 GJC Backup Material GJC_YL_BLVD_Project_Progress_Pay_Request_7.pdf YL Blvd. Pipeline Final Progress Pay 7 GJC Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 RK/PH 5-0 ITEM NO. 9.2 AGENDA REPORT Meeting Date: February 14, 2013 Budgeted:No Total Budget:$0 To:Board of Directors Cost Estimate:$200,000 Funding Source:Water Capital Reserves From:Steve Conklin, Acting General Manager Account No:101-2700 Job No:J2012-16 Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:Pending Prepared By:Anthony Manzano, Senior Project Manager CEQA Compliance:Exempt Subject:1000 to 920-ft. Zone Reconfiguration Waterline SUMMARY: Staff recommends conversion of approximately 120 water services, east of the Springview Reservoir, from the 1000 to the 920-ft. pressure zone (Zone Reconfiguration). This Zone Reconfiguration has several benefits including: lowering excessively high operating pressures for homes in the region, increasing utilization of Quarter Horse Reservoir storage capacity and lowering demands on Little Canyon Reservoir. Reconfiguration requires construction of 250-feet of new pipeline and a retaining wall at a cost of approximately $200,000. This project will be added to the CIP budget, pending Board approval. STAFF RECOMMENDATION: That the Board of Directors authorize approval of this project allowing staff to solicit bids to construct the 1000 to 920-ft. Zone Reconfiguration Waterline. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee considered this item at its meeting on February 13, 2013. The Committee will discuss its recommendations with the Board. DISCUSSION: There has been a history of leaks in this service area, including two recent pipeline leaks in Beech Avenue, requiring District forces to make pipeline repairs and pay for street replacement. These leaks can be partially attributed to excessively high pressures in this region. At some locations the pressures are above 140 PSI. If this region is converted from the 1000-ft Zone to the 920-ft. pressure zone (Zone Reconfiguration), the average pressure would be reduced by 35 PSI. Moving 120 residential customers from the 1000-ft Zone (served by the 0.88 MG Little Canyon Reservoir) to the 920-ft Zone (7.25 MG Quarter Horse Reservoir) would reduce the demand on Little Canyon by approximately 12% and increase the demand on Quarter Horse by approximately 3%. This would increase utilization and improve water quality in Quarter Horse Reservoir and reduce the demand on Little Canyon Reservoir. Additionally, moving demand from Little Canyon Reservoir to Quarter Horse Reservoir would benefit development at the northeast end of the District by making it more feasible to connect to the 1000-ft. Zone, resulting in significantly reduced pumping head and energy savings. Because this also benefits future northeast area developers, staff would pursue developer reimbursement for costs of this project. The most cost effective way to complete the Zone Reconfiguration is to install 250 feet of new 10- inch diameter transmission waterline between Cortina Ct. (a newer line located in the existing 920- ft. zone) and Pepper Avenue (currently located in the 1000-ft. zone), as depicted on the attached location map. A second map is also attached showing the surrounding area, pressure zones and reservoirs. Other zone tie-ins would require a substantially greater amount of pipeline. Staff also believes existing valves can be used as Zone Valves, thereby limiting the initial zone reconfiguration costs to the 250-ft. length of pipeline at an estimated cost of $200,000. This pipeline will be located in a future easement at the easterly end of the new Toll Brothers Amalfi Hills development, within their Homeowners Association common landscape area. Initially, this proposed pipeline was located within the Shapell Homes (Shapell) development. Early 2012, when staff was prepared to move forward within this project, Toll Brother's representatives met with staff and stated that they were in negotiations with Shapell to purchase this development and to wait for the property to close escrow and they would work in good faith to provide an easement for the future waterline if we wait for escrow to close. Over the past few weeks, staff negotiated the use of this easement with Toll Brothers and the developer agreed to provide an easement to the District, provided that the waterline is installed by March 2013, before the development of a new home adjacent to the future easement. Because of this tight deadline, staff prepared plans and specifications and will solicit bids for the pipeline installation immediately after Board authorization. Because the pipeline alignment is adjacent to an existing sloped area, a portion of the pipeline installation cost includes grading and a retaining wall. Also, a portion of the pipeline alignment runs through a small landscaped easement area at 4217 Pepper Avenue which requires staff to negotiate and pay fair market value for easement rights; the cost of this easement is estimated to be approximately $2,200. To allow for operational redundancy, at a later date, staff recommends installing a pressure reducing station (PRS) at the north end of the future Zone Reconfiguration. This PRS could be located near the intersection of Fairmont Blvd. and Village Center Drive. The PRS cost estimate is $100,000. The PRS could be installed next fiscal year provided that this project receives Board approval. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments ATTACHMENTS: Name:Description:Type: EXHIBIT_920_Zone_Recofiguration.pdf Zone Reconfiguration Exhibit Backup Material Pressure_Zone_Overview_Map_02-2013.pdf Overview Map Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 RK/PH 5-0 Zo n e V a l v e Ne w P . R . S . Zo n e V a l v e Zo n e V a l v e Zo n e V a l v e Pr o p o s e d W a t e r l i n e 10 0 0 Z o n e ( 5 B ) 10 0 0 Z o n e ( 5 B ) 92 0 Z o n e ( 5 A ) 78 0 - 3 Z o n e ( 4 C ) 92 0 Z o n e ( 5 A ) 6'' 36'' 30'' 96'' 8'' 12'' 1 0'' 39'' 20'' 8'' 6'' 6'' 6'' 10'' 12'' 10'' 10'' 6 '' 6 '' 10'' 8'' 12'' 10 ' ' 6'' 12'' 10'' 8'' 8''8''1 0 '' 6 '' 6'' 8 '' 8'' 8 '' 6'' 8'' 6'' 8'' 6 '' 10'' 8'' 6'' 8'' 6'' 6'' 8'' 10'' 8'' 8''8'' 8'' 8'' 12'' 6''10'' SP R I N G V I E W R E S E R V O I R VIL L A G E C E N T E R D R PEPPER AVE SAN ANTONIO RD M A N Z A N ITA A V E B E E C H A V E DEODAR DR LIVE OAK LN C A M P H O R A V E R AI N W O O D A V E JUNIPER AVE ALDER AVE VIA ESPANA S M O K E T R E E A V E RIDGE PARK DR MO NT E G O BAY FERN CIR VIEW PARK DR MIRKWOOD RUN M A H O G A N Y C I R A S H C I R V I A M I G U E L SOLO MON WY VIA CORZO BIRCH CIR C O R K C I R H I C K O R Y T R E E L N TAZMAN SEA DR CASPIAN SEA CIR COOK ISLAND DR D O G W O O D C I R RO Y A L O A K RD V I E W PA R K D R .Legend kjReservoir Existing MainLine l?Existing SystemValve Pressure Zone Existing 1000 ZONE (5B)Existing 920 ZONE (5A)Existing 780-3 ZONE (4C)Adjusted 920 Zone (5A)Proposed Residence 1000 Zone (5B) To 920 Zone (5A) 0 2 7 0 5 4 0 13 5 F e e t 92 0 Z o n e ( 5 A ) P r o p o s e d Z o n e R e c o n f i g u r a t i o n kjkj kj kjkj kj kj 92 0 Z o n e ( 5 A ) 13 0 0 Z o n e ( 6 B ) 10 0 0 Z o n e ( 5 B ) 78 0 - 3 Z o n e ( 4 C ) 1000 Zone (5B) QU A R T E R H O R S E RE S E R V O I R LI T T L E C A N Y O N RE S E R V O I R CHINO HILLS RESERVOIR FA I R M O N T RE S E R V O I R 13 0 0 Z o n e ( 6 B ) F A I R M O N T B LV D Y O R B A L I N D A B L V D SAN ANTONIO RD VILLAGE CENTER DR PALM AVE KELLOGG DR SOLOMON WY STON EHAVEN DR P A S E O D E L A S P A L O M A S YORBA RANCH RD D O R I N D A R D PEPPER AVE C A S I NO RIDGE RD TODD AVE M A N Z A N I T A A V E B E E C H A V E TA Z M A N S E A D R LUPINE ST VIA CORZO ORIENTE DR A V I E M O R E D R RIM C REST DR CASPIAN SEA CIR V I S T A L A G U N A VIA MARWAH DEODAR DR HIDDEN HI LLS RD MICKEL LN VIA DEL AGUA FELIPA RD MONTEGO BAY VISTA M O N TA N A VIA PEPITA MADAGASCAR DR T R O T T E R L N WENDOVER RD CLYDESDALE DR C A R L O S R D DOMINGUEZ RANCH RD R AI N W O O D A V E AVENIDA DEL ESTECORAL SEA WY O L D R A N C H R D VIA PRIMARIA JUNIPER AVE VIA MARIPOSA VIA DEL PRAD O OR LAN D O D R DEL CABALLO V I STA D EL SOL A L D E R A V E ST. VINCENT ST VIA EL M OLINO MACKENZIE AVE PA S O FIN O W Y VIA DEL BUEY J U T L A N D L N V I A R O J A PASEO PANORAMA FE L I C I A D R MANOR VIEW DR C L E V E L A N D B A Y L N ASPEN WY VISTA DEL AMIGO C A L L E S O N O R A AVE RIO DEL ORO MAPLE LEAF LN GREEN OAKS RD AVE DE LAS FLORES SHADOW HILL DR VIA BRUMOSA BERMUDA WY RED ROAN LN PASEO LUIS C ASSIA LN LA PRADERA VIA DIEGO VIA D E L V A LL E C O N N E M A R A C T COOK ISLAND DR VIA FRON DOS A VIA O N TIV E R O S EASY ST VIA CORONA RIM RD V I A C A D I Z DEVERON CV VIA DE LA PZ VIA PIEDRA V I S T A G L E N C I R GRANADA DR K E N T W A T E R P L B L U E G U M D R AV ENIDA DEL NORTE VIA CONTENTO W E L S H P O N Y L N CARMONITA LN WEST KNOLL DR VIA A N G ELIN A SHADOW OAK DR P I N T O L N PASEO RICO AV E P UE STA D EL S OL D BAGLIO WY FE R N CIR W I N N E R S C R V I A D A N I E L SHETLAND LN MIRKWOOD RUN M A R S A L A D R CHATEAU AVE PASEO DE LA RAMBLA VIA LA NARANJA SPRING VIEW DR V I A A L I S A R AV E N S W O O D D R LA TIERRA LN V I A S O N R I S A V I A N O R I E G A V I A A M A R I L L A FAIRWAY VIEW DR V I A C R I S T A L V I A M A R I AVIA JU A N A CASTLE ROCK RD C R E S T D R VIA ALVARADO VIA MIGUEL P I N E C R E S T C I R A S T E R L N LYNRIDGE DR FIR CIR C A L L E T R A N Q U I L L O S E G O V I A L N PUNTO DE VISTA QUAIL CIR VIA VIENTO ALLONBY CIR C O R K C I R V I A M A R G A R I T A ADAM CIR COUNTRYWOOD V I A I S A B E L L A TIMBER RIDGE RDFAIRMONT BLVD .Legend kjReservoir Existing MainLine Pressure Zone Existing 1000 ZONE (5B)Existing 920 ZONE (5A)Existing 780-3 ZONE (4C) 0 1 , 0 0 0 2 , 0 0 0 50 0 F e e t EX I S T I N G P R E S S U R E Z O N E O V E R V I E W M A P ITEM NO. 9.3 AGENDA REPORT Meeting Date: February 14, 2013 To:Board of Directors From:Steve Conklin, Acting General Manager Presented By:Stephen Parker, Finance Manager Dept:Finance Reviewed by Legal:Yes Prepared By:Stephen Parker, Finance Manager Subject:Authorized Officers for Investments Held at Pershing STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 13-02 Authorizing the Acting General Manager and Finance Manager to Act on Behalf of the District Relating to District Investments Held at Pershing LLC and Rescinding Resolution 12-24. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this item at its meeting held January 28, 2013 and supports staff recommendation. DISCUSSION: In October 2012, the Board passed Resolution No. 12-24, which authorized the Acting GM and Finance Manager to act on behalf of the District pertaining to District investments held at Pershing. This resolution, which rescinds the previously approved one, removes some minor verbiage in the Whereas section which rendered it unacceptable by Pershing. The language referred to the District being free of costs, which is true as those costs are currently being picked up by one of the District's broker-dealers. If the broker-dealer ceased covering those costs, they would be passed along to the District. Pershing's legal counsel believed that the District might have a claim of not having to pay those costs as a result of the language in our resolution. As a result, a new resolution is being presented with very minor editing from the previous version. In the District's current investment policy approved December 2011, the Board authorizes the District's Treasurer to invest funds of the District. Staff recommends adding the Acting General Manager to the resolution as a back-up should the Treasurer not be available for an extended period of time. PRIOR RELEVANT BOARD ACTION(S): On December 22, 2011, the Board adopted the Public Funds Investment Policy in Resolution 11-24. On October 11, 2012, the Board adopted Resolution 12-24 Authorizing the Acting General Manager and Finance Manager to Act on Behalf of the District Relating to District Investments Held at Pershing LLC. ATTACHMENTS: Name:Description:Type: Resolution_No._13-02.doc Resolution Resolution Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 PH/RK 5-0 Roll Call Resolution No. 13-02 Authorized Officers for Investments Held at Pershing 1 RESOLUTION NO. 13-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AUTHORIZING THE ACTING GENERAL MANAGER AND FINANCE MANAGER TO ACT ON BEHALF OF THE DISTRICT RELATING TO DISTRICT INVESTMENTS HELD AT PERSHING LLC AND RESCINDING RESOLUTION NO. 12-24 WHEREAS, in July 2012, District staff completed the process of vetting Matthew D'Avanzo, Senior Vice-President - Fixed Income Strategies at First Empire Securities (First Empire) as a broker/dealer; and WHEREAS, First Empire has an agreement with Pershing LLC (Pershing) where the District can choose to have investments purchased through First Empire be held at Pershing; and WHEREAS, First Empire requires that a resolution be adopted authorizing people to act on behalf of the District relating to District investments held at Pershing; and WHEREAS, the District's current investment policy approved December 2011 authorizes the District’s Treasurer to invest funds of the District and the Board of Directors desires adding the Acting General Manager as a back- up should the Treasurer not be available for an extended period of time. NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, determine, and resolve the following: Section 1. Resolution No. 12-24 is hereby rescinded. Section 2. Steven R. Conklin, Acting General Manager, and Stephen Parker, Finance Manager, each of whom holds the office indicated, is authorized to act on behalf of the Yorba Linda Water District to buy, sell, assign, loan, borrow, endorse for transfer, transfer and receive stocks, bonds, securities, money and other assets now or hereafter registered in [INTENTIONALLY BLANK] Resolution No. 13-02 Authorized Officers for Investments Held at Pershing 2 the name of or held for Yorba Linda Water District at Pershing LLC. PASSED AND ADOPTED this 14th day of February 2013 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Gary Melton, President Yorba Linda Water District ATTEST: Steve Conklin, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP ITEM NO. 9.4 AGENDA REPORT Meeting Date: February 14, 2013 To:Board of Directors From:Steve Conklin, Acting General Manager Presented By:Steve Conklin, Acting General Manager Reviewed by Legal:Yes Prepared By:Steve Conklin, Acting General Manager Subject:Proposed Revision to Procurement and Purchasing Policy SUMMARY: An item came through PEO Committee and the Board in November 2012 for removal and repair of the Timber Ridge Booster Pump #1. At the outset, to pull and diagnose the pump, the cost was within the requirements for only one quote. By the time the pump was repaired and reset by a crane, the cost was at a point that three quotes would have been required. The Board approved the $15,609 total cost and requested that staff look at modifying the District's Procurement and Purchasing Policy to address this issue for non-scheduled repair of large capital assets. In response, staff prepared the proposed revision to the Policy included in the attached as "Section 5: Non-scheduled Capital Asset Repair and Replacement," for consideration. STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 13-03 adopting the revised Procurement and Purchasing Policy. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee considered this item at its January 15, 2013 meeting and recommends approval. DISCUSSION: The existing Procurement and Purchasing Policy was adopted by the Board as Resolution 11-06 on March 10, 2011. The only proposed change to that policy is the addition of Section 5. ATTACHMENTS: Name:Description:Type: Resolution_No._13-03.docx Resolution Resolution Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 RC/PH 5-0 Roll Call Resolution No. 13-03 Modifying the District’s Purchasing Policy and Rescinding Resolution No. 11-06 1 RESOLUTION NO. 13-03 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING FORTH A PROCUREMENT AND PURCHASING POLICY AND RESCINDING RESOLUTION NO. 11-06 WHEREAS, the District established a Purchasing Policy by adopting Resolution No. 88-12 on March 24, 1998; and WHEREAS, the District modified the Purchasing Policy by rescinding Resolution No. 88-12 and adopting Resolution No. 91-13 on May 16, 1991; and WHEREAS, the District modified the Purchasing Policy by rescinding Resolution No. 91-13 and adopting Resolution No. 02-01 on June 13, 2002; and WHEREAS, the District modified the Purchasing Policy by rescinding Resolution No. 02-01 and adopting Resolution No. 07-11 on June 28, 2007; and WHEREAS, the District modified the Purchasing Policy by rescinding Resolution No. 07-11 and adopting Resolution No. 11-06 on March 10, 2011; and WHEREAS, from time to time it is necessary to review the Purchasing Policy and to make modifications that reflect current District procedures, public policy demands and economic conditions. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Yorba Linda Water District shall establish the following policies: Section 1: Property, Repairs and Modifications, Supplies and Services The following procedures and authority will be used for the acquisition or leasing of personal property; repair or modification of District equipment or structures; or obtaining labor, materials, supplies or services as identified in the budget: Dollar Amount Procedure Authority $0-5,000 1 Written Quote Dept. Manager $5,001-$15,000 2 Written Quotes General Manager $15,001-$25,000 3 Written Quotes General Manager $25,001-$75,000 3 Written Quotes Board of Directors >$75,001 Competitive Bid Board of Directors Resolution No. 13-03 Modifying the District’s Purchasing Policy and Rescinding Resolution No. 11-06 2 Section 2: Capital Outlay, Improvement and Replacement Projects The following procedures and authority will be used for vehicles and equipment, fire hydrants, water and sewer pipelines, booster pump stations, reservoirs, etc. as identified in the budget: Dollar Amount Procedure Authority $0-$15,000 2 Written Quotes Dept. Manager $15,001-$25,000 2 Written Quotes General Manager $25,001-$100,000 3 Written Quotes Board of Directors >$100,001 Competitive Bid Board of Directors Section 3: Contract Amendments and Change Orders The following procedures and authority will be used for contract services amendments, professional service contract amendments and for capital projects where the change order does not alter project completion time: Dollar Amount Procedure (*) Authority 5% of Project Cost, NTE $7,500 Notify GM Dept. Manager 10% of Project Cost, NTE $15,000 Notify BOD General Manager 10% of Project Cost, NTE $25,000 Notify BOD General Manager >10% of Project Cost or > $25,000 Agenda Item Board of Directors Section 4: Contractual Services Policy The following procedures and authority will be used for professional services such as engineering consultant, legal counsel, auditors, etc. as identified in the budget: Dollar Amount Procedure Authority $0-$5,000 1 Written Proposal Dept. Mgr $5,001-$15,000 2 Written Proposals General Manager $15,001-$25,000 3 Written Proposals General Manager >$25,001 3 Written Proposals Board of Directors Section 5: Non-scheduled Capital Asset Repair and Replacement The following procedures and authority will be used for the acquisition of personal property; repair or modification of District equipment or structures; or obtaining labor, materials, supplies or services related to non-scheduled capital asset repair and replacement: Dollar Amount Procedure (*) Authority $0-10,000 Notify GM Dept. Manager $10,001-$25,000 Notify Committee General Manager $25,001-$50,000 Notify BOD General Manager >$50,001 Agenda Item Board of Directors Resolution No. 13-03 Modifying the District’s Purchasing Policy and Rescinding Resolution No. 11-06 3 Section 6: Emergency Policy The following procedures and authority will be used in emergency situations for events which require immediate extraordinary action to protect the public health, safety, welfare and property, with ratification by the Board at the next meeting or the earliest special meeting that may be called. Dollar Amount Procedure (*) Authority $0-$100,000 Notify BOD General Manager >$100,001 Next or Special Mtg. Board of Directors *In all cases where notification is required, a written memo shall be provided stating the reasons for the approval by the designee. Section 7 Effective: The Purchasing Policy adopted herein shall take effect immediately upon adoption of this Resolution. Section 8 Rescinding: That Resolution No. 11-06 and conflicting Minute Orders are hereby rescinded upon adoption of this resolution. PASSED AND ADOPTED this 14th day of February 2013 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Gary Melton, President Yorba Linda Water District ATTEST: Steve Conklin, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP ITEM NO. 9.5 AGENDA REPORT Meeting Date: February 14, 2013 To:Board of Directors From:Steve Conklin, Acting General Manager Presented By:Gina Knight, HR/Risk Manager Dept:Human Resources/Risk Management Reviewed by Legal:Yes Prepared By:Gina Knight, HR/Risk Manager Subject:Amending Employee Compensation Letters to Incorporate Provisions of AB 340 and Application of At-Will Employment for Future Unrepresented Employees SUMMARY: The purpose of this report is to request that the Board of Directors consider and adopt Resolution No. 13-04 amending Resolution Nos. 12-07 and 12-08 only as regards to paragraphs IX (AB 340) and XI, XII, XIII (At-Will employment). STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 13-04 Amending Resolution Nos. 12-07 and 12-08 to Incorporate Provisions of AB 340 and Application of At-Will Employment for all Future Unrepresented District Employees. COMMITTEE RECOMMENDATION: The Personnel Risk Management Committee reviewed this item at its February 5, 2013 meeting and supports staff's recommendation. DISCUSSION: On January 24, 2013, the Board of Directors discussed At-Will employment for all future unrepresented District employees. After discussion, the Board of Directors concluded that all future Management and Supervisory/Confidential District employees hired on or after January 24, 2013, would become At-Will employees. Staff was directed to revise both the Management and Supervisory/Confidential employee compensation letters to incorporate the provisions of AB 340 and include the application of At-Will employment for all unrepresented District employees hired on or after January 24, 2013. Attached to this report are copies of Resolution No. 13-04 and the amended exhibits for Resolution Nos. 12-07 and 12-08. ATTACHMENTS: Name:Description:Type: Resolution_No__13-04_Amending_Resos_12- 07_and_12-08.docx Resolution No.13-04 -Amending Resos 12-07 and 12-08 Backup Material DOCSLA-#653361-v2-Exhibit_A_Resolution_No__12- 07_Amended_by_Reso_13-04_on_2-14-2013.doc Exhibit A - Resolution No. 12-07-Amended 2-14-2013 Backup Material DOCSLA-#653358-v2-Exhibit_A_Resolution_No__12- 08_amended_by_Reso_13-04_-_2-14-2013_for_SC.doc Exhibit A - Resolution 12-08 - Amended 2-14-2013 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 RC/MB 5-0 Roll Call Resolution No. 13-04 Amending Resolution Nos. 12-07 and 12-08 1 RESOLUTION NO. 13-04 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING RESOLUTION NOS. 12-07 AND 12-08 TO INCORPORATE PROVISIONS OF AB 340 AND APPLICATION OF AT-WILL EMPLOYMENT FOR ALL FUTURE UNREPRESENTED EMPLOYEES WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Employee Compensation Letters for Management, Supervisory, and Confidential Employees for Fiscal Years 2012- 2015; and WHEREAS, it is the desire of the Board of Directors to amend these letters to incorporate provisions of AB 340 and application of At-Will employment for all future unrepresented employees. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Sections IX, XI, XII and XIII of the Management Employee Compensation Letter for Fiscal Years 2012-2015 incorporated as Exhibit “A” of Resolution No. 12-07 be amended to read: IX. AB 340 - Paragraphs, V, VI, VII and VIII above, shall be subject to the provision(s) of AB 340. AB 340 (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist. Any provision in the Resolution No. 12-07 which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Management employees who are “new members” as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30) Management Employees who are “new members” as defined in the above AB 340, shall be enrolled in the Resolution No. 13-04 Amending Resolution Nos. 12-07 and 12-08 2 AB 340 provided for 2.5% @ 67 retirement formula, (Government Code section 7522.20), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code section 7522.32(a)) XI. Effective January 24, 2013, all Management Employees hired or promoted on or after January 24, 2013, to such a position are at-will employees of the District and serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Management Employee position prior to January 24, 2013, are not at-will employees of the District and maintain the appeal rights as set forth in the District’s Personnel Rules. XII. Each employee will be annually reviewed. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an employee who receives an exceeds job expectations evaluation, shall be allowed to move up to two (2) steps. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee’s anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. XIII. All new hires shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to successful completion of six (6) months of service. Section 2. That Sections IX, XI, XII and XIII of the Supervisory and Confidential Employee Compensation Letter for Fiscal Years 2012-2015 incorporated as Exhibit “A” of Resolution No. 12-08 be amended to read: Resolution No. 13-04 Amending Resolution Nos. 12-07 and 12-08 3 IX. AB 340 - Paragraphs, V, VI, VII and VIII above, shall be subject to the provisions of AB 340. AB 340 (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist. Any provision in the Resolution No. 12-08 which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Supervisory and Confidential employees who are “new members” as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30) Supervisory and Confidential Employees who are “new members” as defined in the above AB 340, shall be enrolled in the AB 340 provided for 2.5% @ 67 retirement formula, (Government Code section 7522.20), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a)) XI. Effective January 24, 2013, all Supervisory and Confidential Employees hired or promoted on or after January 24, 2013, to such a position are at-will employees of the District and serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Supervisory and Confidential Employee position prior to January 24, 2013, are not at-will employees of the District and maintain the appeal rights as set forth in the District’s Personnel Rules. XII. Each employee will be annually reviewed. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an Resolution No. 13-04 Amending Resolution Nos. 12-07 and 12-08 4 employee who receives an exceeds job expectations evaluation shall be allowed to move up to two (2) step. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee’s anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. XIII. All new hires shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to completion of six (6) months of service PASSED AND ADOPTED this 14th day of February 2013 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Gary T. Melton, President Yorba Linda Water District ATTEST: Steve Conklin, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law, LLP 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 Exhibit A Resolution No. 12-07 Employee Compensation Letter And Pay Plan for Management Employees Fiscal years: 2012-2015 I. The General Manager shall prepare an Employee Compensation Letter for consideration by the Board of Directors. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Management Employee Group (Exhibit B). II. Effective July 1, 2012, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2012-2013. III. Effective July 1, 2013, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2013-2014. IV. Effective July 1, 2014, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2014-2015. V. The District’s current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. VI. Effective July 1, 2012, all Management Employees shall pay 43% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 3% of compensation). VII. Effective July 1, 2013, all Management Employees shall pay 71% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 5% of compensation). VIII. Effective July 1, 2014, all Management Employees shall pay 100% of the statutory CalPERS employee contribution rate to CalPERS. Individuals hired by the District on or after January 26, 2012, the date Resolution No. 12-01 was adopted, shall be enrolled in the 2% @ 60 retirement formula and shall pay 100% of the statutory CalPERS employee contribution rate to CalPERS. All payments will be credited to the employee's individual account with CalPERS. IX. AB 340 - Paragraphs, V, VI, VII and VIII above, shall be subject to the provision(s) of AB 340. AB 340 (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist. Any provision in the Resolution No. 12-07 which contradicts any provision of AB 340 shall be 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Management employees who are “new members” as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30) Management Employees who are “new members” as defined in the above AB 340, shall be enrolled in the AB 340 provided for 2.5% @ 67 retirement formula, (Government Code section 7522.20), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code section 7522.32(a)) X. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to PERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. XI. Effective January 24, 2013, all Management Employees hired or promoted on or after January 24, 2013, to such a position are at-will employees of the District and serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Management Employee position prior to January 24, 2013, are not at-will employees of the District and maintain the appeal rights as set forth in the District’s Personnel Rules. XII. Each employee will be annually reviewed. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an employee who receives an exceeds job expectations evaluation, shall be allowed to move up to two (2) steps. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee’s anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. XIII. All new hires shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to successful completion of six (6) months of service. 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 XIV. Management Employees shall accrue vacation leave time with pay as follows: Duration of Continuous Hours Accrued per Pay Period Regular Employment During 1st through 60th month 3.077 hrs = 2.0 weeks/yr During 61st through 120th month 4.615 hrs = 3.0 weeks/yr During 121st through 180th month 5.384 hrs = 3.5 weeks/yr During 181st through 240th month 6.153 hrs = 4.0 weeks/yr During 241st month and thereafter 6.922 hrs = 4.5 weeks/yr XV. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Management Employee under age 70, on the first day of the month following their date of hire, in accordance with the provisions of the contract between the District and any company of the District’s choosing providing such coverage. Management Employees may increase the coverage up to five time’s annual salary not to exceed $300,000 by authorizing the additional premium to be deducted from his/her salary. XVI. The District shall pay 100% of the premium for hospital and medical insurance for all Management Employees who work in excess of 30 hours per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward Management Employee dependent coverage for covered employees with one dependent or up to 2/3 of the additional premium toward Management Employee dependent coverage for covered Management Employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management employee shall pay the cost of the difference in premium, to be deducted from his/her salary to cover the employee’s share of the dependent coverage. The Management Employees shall have the option of selecting a District-designated Health Maintenance Organization ("HMO"). The District contribution for HMO coverage will be in accordance with this paragraph. XVII. The District shall pay 100% of the premium for dental insurance for all Management Employees who work 30 hours or more per week, after they have worked for two calendar months and up to 2/3 of the additional premium toward Management Employee dependent coverage for covered Management Employees with one dependent or up to 2/3 of the additional premium toward Management Employee dependent coverage for covered Management Employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual Management Employees shall pay the cost of the difference in premium, to be deducted from his/her salary. The Management Employees shall have the option of 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 selecting "Delta Care" with the contribution for "Delta Care" to be in accordance with this paragraph. XVIII. District shall pay 100% of the premium for vision insurance for Management Employees who work more than 30 hours per week, on the first day of the month following their date of hire and up to 2/3 of the additional premium toward dependent coverage for covered Management Employees with one dependent or up to 2/3 of the additional premium toward dependent coverage for covered Management Employees with more than one dependent, in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual Management Employee shall pay the cost of the difference in premium, to be deducted from his/her salary. XIX. For a period of time which is equivalent to one (l) year or pro-ration thereof on a monthly basis for each three (3) years of service to the District or pro- ration thereof on a quarterly basis, and subject to carrier approval, the District shall pay the amounts provided in the paragraphs XV, XVI and XVII of this agreement for any Management Employee who was employed by the District on or before December 8, 2011, the date Resolution No. 11-22 was adopted and who retires from the District. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete years of service with the District, must provide ninety (90) days notice of intent to retire must remain in a retired status and must retire from the District in good standing. When the Management retiree or his/her spouse reaches ages 65, and is eligible for Medicare, the coverage will convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the Management Employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District shall require a Management Employee to certify under penalty of perjury that the Management Employee has remained on retired status and/or to submit to such additional verification, as the District deems necessary to demonstrate retired status. The retired Management Employee must make any contribution required of a regular Management Employee pursuant to paragraph XV, XVI and XVII prior to the first day of the month in which coverage is to be extended. Failure of a Management Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. Management Employees hired after the adoption of Resolution 11-22 (12- 8-2011) shall be ineligible to receive this benefit. 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 A Management Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of his final salary for 3/8 of his/her accumulated days of sick leave, if any, at the time of separation from active employment. The remaining 5/8 of his/her accumulated days of sick leave will be converted into CalPERS service credit. If the Management Employee should die, his/her estate shall be entitled to such payment. XX. Management Employees who are laid off from District employment after being employed by the District for five (5) or more complete years of continuous regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XXI. To the extent possible, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover Management Employees. XXII. The District shall provide a long-term disability plan for Management Employees which has a 90-day elimination period and provides at least sixty percent (60%) of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XXIII. Effective July 1, 2012, the District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Management Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XXIV. Management Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this employee compensation letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXV. In situations where a Management Employee has been injured in a non- duty accident and his/her disability leave exceeds one calendar month or 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 the total of his/her accumulated leaves, including sick leave, paid time off and vacation, that portion of the leave exceeding 30 days or the total of accumulated leaves, whichever is more, shall constitute a break in service and his/her merit review dates and anniversary date will be adjusted accordingly. XXVI. The District will pay up to a total of $2,000 annually to establish and administer a tax-advantaged flexible benefit plan, and a total of $5,000 annually to establish a tax advantaged dependent care plan. Plans will conform to the requirements of Section 125 of the Internal Revenue Code, and permits Management Employees to convert their share of insurance premiums, un-reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. Savings to the District through reductions to the payroll and worker's compensation tax base will accrue to the District and offset the costs of establishing and administering this program. XXVII. The District shall reimburse Management Employees for sums paid to the appropriate agencies for obtaining, or renewing treatment and/or distribution certificates, and other professional certifications, registrations and job related training. XXVIII. Management Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District-purchased boots in an amount not to exceed $200.00, provided that the boots are from a list pre-approved by the General Manager or his/her designee. The difference between $200.00 and the amount actually used may be carried over for one year and combined with a subsequent allocation for boot reimbursement. XXIX. The District shall provide educational reimbursement to Management Employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. Course work must be job related as determined and approved in advance by the General Manager. Proof of payment and successful completion of the course must accompany the reimbursement request on a form provided by the District. Management Employee shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee’s closing check. Any remaining non- reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 the terms of this section as a condition precedent to receipt of any such funds. XXX. Management Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that the Management Employee takes a minimum of one-half the vacation time to which he/she is entitled within the same annual period of the sold vacation time. A member who has been employed by the District for more than one year may also buy from the District up to an additional forty (40) hours of vacation time within any calendar year for use during the same calendar year, provided that full and complete payment has been made for the purchased vacation time by salary modification prior to use of the vacation time. It is expressly understood that this benefit is provided at the sole discretion of the District and shall automatically terminate upon the expiration of this Management letter unless an extension is expressly agreed to by the District. XXXI. Management Employees will be entitled to either a District provided vehicle or a car allowance of $400.00/month as determined by the General Manager. The Engineering Manager, Finance Manager, IT Manager and Human Resources Manager positions shall receive a car allowance of $400.00 per month. XXXII. Management Employees shall receive a maximum of forty (40) hours of administrative leave with pay each fiscal year. Unused administrative leave time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at the employee’s then straight time hourly rate. There will be no carry-over of administrative leave time to the next fiscal year. XXXIII. The Holiday schedule attached hereto as Exhibit F shall be in effect for full-time Management Employees covered by this Management letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Management Employee normally would have worked other than for the holiday. For those Management Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday and a holiday falling on a Sunday, shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within 12 months following the accrual of each floating holiday. In order to be eligible for holiday pay, a Management Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the 653361.2 YO030-001Management Compensation Letter FYs 2012/2015 Amended 2-14-2013 regularly scheduled workday immediately following the day observed as the holiday. The term of this Compensation Letter for Management Employees is for the period of July 1, 2012 to June 30, 2015. ___________________________ __________________ Date Acting General Manager 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 Exhibit A Resolution No. 12-08 Employee Compensation Letter And Pay Plan for Supervisory and Confidential Employees Fiscal years: 2012-2015 I. The General Manager shall prepare an Employee Compensation Letter for consideration by the Board of Directors. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Supervisory and Confidential Employee Group (Exhibit B). II. Effective July 1, 2012, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2012-2013. III. Effective July 1, 2013, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2013-2014. IV. Effective July 1, 2014, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2014-2015. V. The District’s current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. VI. Effective July 1, 2012, all Supervisory and Confidential Employees shall pay 43% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 3% of compensation). VII. Effective July 1, 2013, all Supervisory and Confidential Employees shall pay 71% of the 7% statutory CalPERS employee contribution rate to CalPERS (equivalent to 5% of compensation). VIII. Effective July 1, 2014, all Supervisory and Confidential Employees shall pay 100% of the statutory CalPERS employee contribution rate to CalPERS. Individuals hired by the District on or after January 26, 2012, the date Resolution 12-01 was adopted, shall be enrolled in the 2% @ 60 retirement formula and shall pay 100% of the statutory CalPERS employee contribution to CalPERS. All payments will be credited to the employee's individual account with CalPERS. IX. AB 340 - Paragraphs, V, VI, VII and VIII above, shall be subject to the provisions of AB 340. AB 340 (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist. Any provision in the Resolution No. 12-08 which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 Supervisory and Confidential employees who are “new members” as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30) Supervisory and Confidential Employees who are “new members” as defined in the above AB 340, shall be enrolled in the AB 340 provided for 2.5% @ 67 retirement formula, (Government Code section 7522.20), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a)) X. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to CalPERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. XI. Effective January 24, 2013, all Supervisory and Confidential Employees hired or promoted on or after January 24, 2013, to such a position are at-will employees of the District and serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Supervisory and Confidential Employee position prior to January 24, 2013, are not at-will employees of the District and maintain the appeal rights as set forth in the District’s Personnel Rules. XII. Each employee will be annually reviewed. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an employee who receives an exceeds job expectations evaluation shall be allowed to move up to two (2) step. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee’s anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. XIII. All new hires shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to completion of six (6) months of service XIV. Supervisory and Confidential Employees shall accrue vacation leave time with pay as follows: Duration of Continuous Hours Accrued per Pay Period Regular Employment 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 During 1st through 60th month 3.077 hrs = 2.0 weeks/yr During 61st through 120th month 4.615 hrs = 3.0 weeks/yr During 121st through 180th month 5.384 hrs = 3.5 weeks/yr During 181st through 240th month 6.153 hrs = 4.0 weeks/yr During 241st month and thereafter 6.922 hrs = 4.5 weeks/yr XV. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Supervisory and Confidential Employee under age 70 on the first day of the month following their date of hire, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Supervisory and Confidential Employees may increase the coverage to up to five time’s annual salary not to exceed $300,000 by authorizing the additional premium to be deducted from his/her salary. XVI. The District shall pay 100% of the premium for hospital and medical insurance for all Supervisory and Confidential Employees who work in excess of 30 hours per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered employees with one dependent or up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Supervisory and Confidential Employee shall pay the cost of the difference in premium, to be deducted from his/her salary to cover the employee’s share of the dependent coverage. Supervisory and Confidential Employees shall have the option of selecting a District-designated Health Maintenance Organization ("HMO"). The District contribution for HMO coverage will be in accordance with this paragraph. XVII. The District shall pay 100% of the premium for dental insurance for all Supervisory and Confidential Employees who work 30 hours or more per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with one dependent or up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with more than one dependent, in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual Supervisory and Confidential Employees shall pay the cost of the difference in premium, to be deducted from his/her salary. Supervisory and Confidential Employees shall have the option of selecting "Delta Care" with the contribution for "Delta Care" to be in accordance with this paragraph. XVIII. District shall pay 100% of the premium for vision insurance for Supervisory and Confidential Employees who work more than 30 hours per week, on the first day of the month following their date of hire, and up to 2/3 of the additional premium toward dependent coverage for covered Supervisory and Confidential Employees 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 with one dependent or up to 2/3 of the additional premium toward dependent coverage for covered Supervisory and Confidential Employees with more than one dependent, in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual Supervisory and Confidential Employee shall pay the cost of the difference in premium, to be deducted from his/her salary. XIX. For a period of time which is equivalent to one (1) year or pro-ration thereof on a monthly basis for each three (3) years of service to the District or pro-ration thereof on a quarterly basis, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XV, XVI and XVII of this agreement for any Supervisory and Confidential Employee who was employed by the District on or before December 8, 2011, the date Resolution No. 11-21 was adopted and who retires from the District. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete years of service with the District, must retire from the District after the date of this Agreement while in good standing and upon ninety (90) days written notice and must remain in retired status. When the Supervisory and Confidential retiree or his/her spouse reaches ages 65 and is eligible for Medicare, the coverage will convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the Supervisory and Confidential Employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District may require a Supervisory and Confidential Employee to certify under penalty of perjury that the Supervisory and Confidential Employee has remained on retired status and/or submit to such additional verification, as the District deems necessary to demonstrate retired status. The retired Supervisory and Confidential Employee must make any contribution required of a regular Supervisory and Confidential Employee pursuant to paragraph XV, XVI and XVII prior to the first day of the month in which coverage is to be extended. Failure of a Supervisory and Confidential Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. Supervisory and Confidential Employees hired after the adoption of Resolution 11-21 (12-8-2011) shall be ineligible to receive this benefit. A Supervisory and Confidential Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for 3/8 of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining 5/8 of his/her accumulated days of sick leave will be converted into CalPERS service credit. If the Supervisory and Confidential Employee should die, his/her estate shall be entitled to such payment. 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 XX. Supervisory and Confidential Employees who are laid off from District employment after being employed by the District for five (5) or more complete years of continuous regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XXI. To the extent possible, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover Supervisory and Confidential Employees. XXII. The District shall provide a long-term disability plan for Supervisory and Confidential Employees which has a 90-day elimination period and provides at least sixty percent (60%) of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XXIII. Effective July 1, 2012, the District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Supervisory and Confidential Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XXIV. Supervisory and Confidential Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this employee compensation letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXV. In situations where a Supervisory and Confidential Employee has been injured in a non-duty accident and his/her disability leave exceeds one calendar month or the total of his/her accumulated leaves, including sick leave, paid time off and vacation, that portion of the leave exceeding 30 days or the total of accumulated leaves, whichever is more, shall constitute a break in service and his/her merit review dates and anniversary date will be adjusted accordingly. XXVI. The District will pay up to a total of $2,000 annually to establish and administer a tax-advantaged flexible benefit plan, and a total of $5,000 annually to establish a tax advantaged dependent care plan. Plans will conform to the requirements of Section 125 of the Internal Revenue Code, and permit Supervisory and Confidential Employees to convert their share of insurance premiums, un- 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. Savings to the District through reductions to the payroll and worker's compensation tax base will accrue to the District and offset the costs of establishing and administering this program. XXVII. The District shall reimburse Supervisory and Confidential Employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates and other professional certifications, registrations and job related training. XXVIII. Supervisory and Confidential Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District-purchased boots in an amount not to exceed $200.00, provided that the boots are from a list pre-approved by the General Manager or his/her designee. The difference between $200.00 and the amount actually used may be carried over for one year and combined with a subsequent allocation for boot reimbursement. XXIX. The District shall provide educational reimbursement to Supervisory and Confidential Employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. Course work must be job related as determined and approved in advance by the General Manager. Proof of payment and successful completion of the course must accompany the reimbursement request on a form provided by the District. Supervisory and Confidential Employee shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period, shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee’s closing check. Any remaining, non-reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. XXX. Supervisory and Confidential Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that the Supervisory and Confidential Employee takes a minimum of one-half the vacation time to which he/she is entitled within the same annual period of the sold vacation time. A member who has been employed by the District for more than one year may also buy from the District up to an additional forty (40) hours of vacation time within any calendar year for use during the same calendar year, provided that full and complete payment has been made for the purchased vacation time by salary modification prior to use of the vacation time. It is expressly understood that this benefit is provided at the sole discretion of the District and shall automatically terminate upon the expiration of this Supervisory and Confidential letter unless an extension is expressly agreed to by the District. 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 XXXI. The Holiday schedule attached hereto as Exhibit F shall be in effect for full-time Supervisory and Confidential Employees covered by this Supervisory and Confidential letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Supervisory and Confidential Employee normally would have worked other than for the holiday. For those Supervisory ad Confidential Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday, and a holiday falling on a Sunday shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within 12 months following the accrual of each floating holiday. In order to be eligible for Holiday pay, a Supervisory and Confidential Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. XXXII. The District shall reimburse Supervisory and Confidential Employees for sums paid to the appropriate state agencies for obtaining or renewing of production or distribution certificates. In addition, a one-time per fiscal year payment of $150.00 per certificate shall be provided to an affected employee who has qualified for and been issued a State of California Department of Health Services Treatment and/or Distribution Certificate, which has been determined in the sole discretion of the General Manager to be relevant to the employee’s duties and which is other than a certificate that is a job requirement. The $150.00 payment shall apply for any Distribution and/or Treatment Certificates issued by the State of California Department of Health Services that are required above and beyond the required certification for a specific classification within the District’s Operations Department and shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. The table below identifies the positions that require specific State of California Certifications. CLASSIFICATION REQ’D TREATMENT REQ’D DISTRIBUTION CHIEF PLANT OPERATOR T3 D5 SCADA ADMINISTRATOR T2 D3 SR. CONSTRUCTION INSPECTOR D2 WATER D5 653358.2 YO030-001Supervisory and Confidential Compensation Letter FYs 2012/2015 Amended 2-14-2013 MAINTENANCE SUPERINTENDENT WATER QUALITY ENGINEER D3 The term of this Compensation Letter for Supervisory and Confidential Employees is for the period of July 1, 2012 to June 30, 2015. ___________________________ ______________________ Date Acting General Manager ITEM NO. 9.6 AGENDA REPORT Meeting Date: February 14, 2013 Budgeted:Yes Total Budget:$60,000 FY 2012/13 To:Board of Directors Cost Estimate:$60,000 FY 2012/13 Funding Source:Water Operating Fund From:Steve Conklin, Acting General Manager Account No:1-1010-0780-00 Presented By:Steve Conklin, Acting General Manager Dept:Board of Directors Reviewed by Legal:No Prepared By:Annie Alexander, Executive Secretary Subject:Proposed Extension of Professional Services Agreement with Townsend Public Affairs SUMMARY: The previously executed Professional Services Agreement with Townsend Public Affairs (TPA) ended December 31, 2012. TPA has proposed to extend its services agreement for continued legislative advocacy to June 30, 2013 at the same contract terms. STAFF RECOMMENDATION: That the Board of Directors consider extending the Professional Services Agreement with Townsend Public Affairs at a fee of $5,000 per month. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee reviewed this matter at its meeting held January 15, 2013 and recommended the Board of Directors extend the contract through June 30, 2013, the end of the District's Fiscal Year. DISCUSSION: Townsend Public Affairs (TPA) has requested to extend their Professional Services Agreement for government relations and advocacy services through June 30, 2013. While TPA has not suggested any revisions to the initial Scope of Work, they have stated that they would be happy to accommodate any changes requested by the Board of Directors. Pending issues for the next calendar year are as follows: A seat on the Orange County Sanitation District Board of Directors. Strategic consulting regarding a matter with the Orange County Transportation Authority related to prior rights and utility relocation expenses. Legislative monitoring, analysis and reporting as issues and needs arise throughout the year. The approved budget for FY 2012/13 included $60,000 for Legislative Consultants which would fund services through June 30, 2013. A copy of TPA's supplement to contract and their August 2011 Proposed Scope of Services are attached for information and consideration. STRATEGIC PLAN: CP 1-A: Enhance Resources for Public Information and Governmental Affairs Division PRIOR RELEVANT BOARD ACTION(S): By majority vote, the Board of Directors approved a Professional Services Agreement with Townsend Public Affairs on August 25, 2011. ATTACHMENTS: Name:Description:Type: supplement_to_contract_tpa.pdf SUPPLEMENT TO CONTRACT TPA Backup Material SKMBT_C55213020611310.pdf TPA SCOPE OF SERVICES Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 RK/MB 5-0 SUPPLEMENT TO CONTRACT FOR CONSULTING SERVICES (#1 ) THIS SUPPLEMENT TO CONTRACT FOR CONSULTANT SERVICES ("Supplement') is made and entered into this day of January, 2013 by and between the Yorba Linda Water District ("Client') and Townsend Public Affairs, Inc. , a California corporation ("Consultant') . RECITALS A. Client and Consultant have entered into that certain " Professional Services Agreement between the Yorba Linda Water District and Townsend Public Affairs, Inc." dated as of August 25 , 2011 ("Contract'). B. The parties to this Supplement desire to change the term of the Contract as set forth herein . NOW, THEREFORE, for good and valuable consideration , the receipt of which is hereby acknowledged , the parties hereto supplement and amend the Contract as hereinafter set forth . 1 . The term shall now be extended through June 30, 2013 . 2 . All other terms and conditions of the Contract, except as set forth herein , shall remain in full force and effect. WHEREFORE , this Supplement is executed by the parties as of the date set forth above. CLIENT: Yorba Linda Water District By: Steven Conklin General Manager ^ CONSULTANT: TOW PU LIC AFFAIR, I C. a Cali or i or ration By: C ris pher ownsend P dent a Secretary le E ?CN f h l Iq Cr &A)-r/A; a cb Toinseud PUBI IC: AFFAIRS INC MEMORANDUM To: Yorba Linda Water District, Board of Directors From: Christopher Townsend, President Heather Stratman, Senior Director Casey Elliott, State Capitol Director Matthew Hicks, Associate Date: August 25, 2011 Subject: Government Relations & Advocacy Proposed Scope of Services for FY 2011 -2012 This document is intended to serve as a proposal for advocacy and government relations services for the Yorba Linda Water District (YLWD) for the Fiscal Year 2011 - 2012 . The document identifies and outlines the proposed services provided by Townsend Public Affairs (TPA) for consideration by YLWD. TPA has identified a number of local and state legislative and policy issues of concern to YLWD. Those include , but are not limited to , the items listed below. Orange County Sanitation District — Board of Directors Seat Background • The Orange County Sanitation District (OCSD) is a special district established by the California State legislature and governed by a 25-member board of directors. • Under California Health and Safety Code 4730.65 , legislation will be required for the Yorba Linda Water district to obtain a seat on the Board . The Yorba Linda Water District is entitled to this seat as the "public agency empowered to and engaged in the collection , transportation , treatment or disposal of sewage" for the City of Yorba Linda . Advocacy TPA proposes to provide support to YLWD, specific to the following activities : • TPA will provide strategic consulting and advocacy regarding generating local support among legislators and member agencies for granting a seat to the Yorba Linda Water District on the Board of the Orange County Sanitation District. • TPA will work with Senator Bob Huff and Assemblyman Curt Hagman, as co- authors, to refine this legislative concept and then introduce legislation . • TPA will assist in guiding the bill through Legislative Counsel , the Committee Process, and ultimately passage through the Legislature. • TPA will outreach to key stakeholders to ensure there is broad range support for this proposal, including, but not limited to , OCSD and City of Yorba Linda. • TPA will work to ensure the bill is approved by the Legislature and signed by the Governor. Orange County Transportation Authority Background • The Orange County Transportation Authority has notified the Yorba Linda Water District of its intention to conduct street repairs that would impact YLWD's water/sewer lines and operations. • Based on an existing right-of-way YLWD is not financially or legally responsible for repairs and improvements to the lines as the result of OCTA's work within the street(s). • YLWD has issued a letter to OCTA providing information on the existing right-of- way and is awaiting a response from OCTA. Advocacy: TPA proposes to provide support to YLWD, specific to the following activities: • TPA will provide strategic consulting and advocacy regarding OCTA's action subsequent to responding to YLWD's letter. • TPA will work with OCTA staff and Board Members to educate them about YLWD's specific circumstances • TPA, as needed , will engage other key stakeholders into the decision making iprocess in support of YLWD's position . State Legislation Background • TPA will provide ongoing strategic consulting and advocacy services for the YLWD as needed, including but not limited to legislative monitoring, analysis, reporting and special legislative services such as running legislation should the District require special legislation. • TPA will consult with YLWD staff and the Board of Directors as issues and needs arise throughout the year. BudgetlCost Proposal TPA proposes the following monthly fee for services that would include the entire scope of work detailed above : • September 1 , 2011 — February 29, 2012 : $3,000 per month • March 1 , 2012 — December 31 , 2012 : $5 ,000 per month In summary, TPA would greatly enjoy the opportunity to work with the Yorba Linda Water District. We welcome your feedback and thank you for your consideration . I� ITEM NO. 9.7 AGENDA REPORT Meeting Date: February 14, 2013 To:Board of Directors From:Steve Conklin, Acting General Manager Presented By:Steve Conklin, Acting General Manager Prepared By:Steve Conklin, Acting General Manager Subject:Appointment of Committee Members for City of YL/YLWD Joint-Agency Standing Committee SUMMARY: In response to the request of the District, on February 5, 2013, the Yorba Linda City Council approved establishing a standing committee with YLWD to review, discuss and consider items of mutual interest. The Council recommended that there be two members from each governing board on the committee. STAFF RECOMMENDATION: That the Board President recommend appointment of two Directors to serve on the City of Yorba Linda/YLWD Joint-Agency Standing Committee to meet on a regular, periodic basis, and that the Board of Directors consent to those appointments. DISCUSSION: Under Section 10 of Resolution 11-15, the Board authorized Standing Committees including a Joint Agency Standing Committee with the City of Yorba Linda. This Joint-Agency Committee has been inactive and will require the appointment of two Directors in order to reestablish it for regular meetings with the City. STRATEGIC PLAN: SR 1-C: Engage with Regional Agencies on Water Supply Issues Approved by the Board of Directors of the Yorba Linda Water District 3/14/2013 GM appointed RK and MB to serve on the Committee. ITEM NO. 11.2 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Finance-Accounting Committee (Hawkins/Melton) · Minutes of meeting held January 28, 2013 at 12:00 p.m. · Meeting scheduled February 25, 2013 at 12:00 p.m. ATTACHMENTS: Name:Description:Type: 012813_FA_-_Minutes.doc FA Mtg Minutes 01/28/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE-ACCOUNTING COMMITTEE MEETING January 28, 2013 A meeting of the Finance-Accounting Committee was called to order by Director Hawkins at 12:04 p.m. The meeting was held at the District’s Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Phil Hawkins, Chair Stephen Parker, Finance Manager Director Gary T. Melton 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Authorized Officers for Investments Held at Pershing Mr. Parker explained that Pershing attorneys had a concern with specific language in the District’s previous resolution authorizing the Finance Manager and Acting GM to make investment decisions on behalf of the District as it pertained to Pershing. As a result, some minor editing was completed in the “Whereas” section, and the new resolution rescinds the one that was approved by the Board in the prior year. As there were no significant changes to the wording of the resolution, the Committee had no questions and supported staff’s recommendation. 2.2. Investment Report for Period Ending December 31, 2012 Mr. Parker presented the December Investment Report. He identified specific changes in the current month’s investment balances and pointed out that the portfolio yield dropped to 0.68%. The Committee had no questions and supported staff’s recommendation. 3. DISCUSSION ITEMS 3.1. New Member Orientation Mr. Parker reviewed some of the major items accomplished through the Finance-Accounting Committee during 2012 and highlighted upcoming items expected to go through the Committee. 3.2. Broker Dealer Approval Mr. Parker notified the Committee that staff had received all information required by the investment policy and had vetted a third broker-dealer through which investments can be purchased. Mark Edelman at Cantella & Co has provided these services for other area water districts. Mr. Parker explained that no other broker-dealers are being pursued at this time. 2 3.3. Continuing Disclosure Annual Report Mr. Parker shared that the CDAR is required to be filed annually as long as the District has bonds outstanding. This is a public document and was provided for the Committee’s review as an informational item. 3.4. Proposed Calendar for FY 2013/14 Budget Mr. Parker explained that the current years’ budget calendar allows for two meetings for each section to meet with its respective Committee to discuss supplies and services budget. In addition, there are multiple discussions scheduled for personnel costs, and quite a few set aside for the Capital Improvement Projects budget. The calendar calls for a Budget Workshop on April 18th, with a full draft to the Board on the first Board meeting in May, and a Board vote on the second Board meeting in May. The calendar keeps up the timeline where if a Prop 218 was needed during a given year, the schedule would not need to be adjusted, but meetings simply inserted. 3.5. Budget-to-Actual Results for December 2012 Mr. Parker presented the December Budget-to-Actual Results. He noted that water purchase costs were intentionally higher in the first half of the year, that supplies and services is trending close to budget, and pointed out an adjustment made in the month being reported. The Committee had no further questions. 3.6. Status of Strategic Plan Initiatives Mr. Parker reported on the status of strategic plan initiatives related to fiscal responsibility. 3.7. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The Committee adjourned at 1:07 p.m. The next meeting of the Finance- Accounting Committee will be held Monday, February 25, 2013 at 12:00 p.m. ITEM NO. 11.3 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Personnel-Risk Management Committee (Collett/Beverage) · Minutes of meeting held February 5, 2013 at 4:00 p.m. · Meeting scheduled February 26, 2013 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 020513_PRM_-_Minutes.doc PRM Mtg Minutes 02/05/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING Tuesday, February 5, 2013 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 The February 5, 2013 meeting of the Yorba Linda Water District’s Personnel-Risk Management Committee was called to order by Director Collett at 4:00 p.m. The meeting was held in the Administrative Conference Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. COMMITTEE STAFF Director Ric Collett, Chair Steve Conklin, Acting General Manager Director Michael J. Beverage Gina Knight, HR and Risk Manager Stephen Parker, Finance Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Status of Compensation Study for the Position of General Manager (Verbal Report) Staff presented additional salary information from other Special Districts to help assess the District’s future General Manager’s salary. Staff was directed to bring back a revised spreadsheet with all the data collected to date to select the agencies that will be used for comparison to help determine the appropriate salary. 2.2. Revised Employee Compensation Letters (Verbal Report) Staff presented a Draft revised Management Employee Compensation letter that included the provisions of AB 340 and At-W ill employment for future unrepresented employees. Staff was directed to finalize both management and supervisory/confidential employee compensation letters and to present the revised documents through a Resolution to the Board of Directors on February 14, 2013 for consideration and adoption. 2.3. Status of Performance Evaluations (Verbal Report) Mr. Conklin advised the Committee members on the status of existing past-due performance evaluations. The Committee commented on the reduced number of past due performance evaluations and congratulated Mr. Conklin in his efforts to encourage the District’s managers to complete their evaluations on time. 2.4. Human Resources, Risk Management, and Safety Activity Staff reported that interviews were conducted for the HR Technician on February 5, 2013. Interviews for the Maintenance Worker I were scheduled for February 11 & 12, 2013. Operations Manager, Part-Time 2 Records Management Clerk, Meter Reader I recruitments were still in process. 2.5. Future Agenda Items and Staff Tasks The Committee directed staff to review all of the District’s Manager’s Title Plates posted outside of each manager’s office to ensure that the correct title is posted. Staff assured the Committee that if any were inaccurate that corrections would be made. Staff was directed to bring back a list of key positions in the organization that would create a hardship to the agency if such position became vacant. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:50 p.m. The next Personnel-Risk Management Committee meeting is scheduled to be held Tuesday, February 26, 2013 at 4:00 p.m. ITEM NO. 11.5 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Public Affairs-Communications-Technology Committee (Beverage/Collett) · Minutes of meeting held January 21, 2013 at 4:00 p.m. · Minutes of meeting held February 4, 2013 at 4:00 p.m. · Meeting scheduled February 20, 2013 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 012113_PACT_-_Minutes.docx PACT Mtg Minutes 01/21/13 Minutes 020413_PACT_-_Minutes.docx PACT Mtg Minutes 02/04/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING January 21, 2013 A meeting of the Public Affairs-Communications-Technology Committee was called to order by Director Beverage at 4:00p.m. The meeting was held at the District’s Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Steve Conklin, Acting General Manager Director Ric Collett Art Vega, Interim IT Manager Damon Micalizzi, Public Information Officer Cody Peterson, Public Affairs Intern 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Touch-Screen Display for Training Room (Verbal Report and Demonstration) Mr. Vega briefed the Committee on the revised pricing for the touch- screen display system. The Committee was introduced to a representative from C3 Office Solutions who gave a brief presentation of the capabilities of the system. There was a full demonstration thereafter for the Committee. It was decided to present the purchase to the Board through a report by the GM and to make the purchase from the Board’s budget. 2.2. YLWD Lobby Signage (Verbal Report) Mr. Micalizzi presented the Committee the professional proofs of signage for the District’s lobby. The Committee requested one additional proof to be provided with minor changes. 2.3. YLWD Campus Inspirational Messaging (Verbal Report) Mr. Micalizzi presented to the Committee some positive reinforcement messaging to post throughout the District Campus. The Committee suggested soliciting additional input from staff within the various departments. 2.4. YLWD.com Review and Analytics Report Mr. Peterson presented the recent Google Analytics Report for the YLWD website to the Committee. The Committee noted spikes for web traffic on dates that coincided with job postings. 2 2.5. Future Agenda Items and Staff Tasks Interactive Educational Display School Education Options for 2013/14 Spring Newsletter Content Public Affairs Workshop 4. ADJOURNMENT 4.1. The meeting was adjourned at 5:45p.m. The next meeting of the Public Affairs-Communications-Technology Committee will be held Monday, February 4, 2013 at 4:00 p.m. 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING Monday, February 4, 2013 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 The February 4, 2013 meeting of the Yorba Linda Water District’s Public Affairs- Communications-Technology Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held in the Administrative Conference Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Damon Micalizzi, Public Information Officer Director Ric Collett Art Vega, Interim IT Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Computerized Maintenance and Management System Project Status Mr. Vega updated the Committee on the status of CMMS. Mr. Vega informed the Committee that the plan is to go live with the sewer crew by the end of February pending training for the sewer crew. Mr. Vega informed the Committee that he planned on doing a demonstration of the CMMS reports if the Committee so desired. The Committee agreed to have the demonstration for the March PACT Committee. 2.2. YLWD Lobby Signage The Committee reviewed the latest proofs from the vendor and directed staff to ask for one additional proof with only minor edits before taking the item to the Board for approval. 2.3. Educational Kiosk (Verbal Report) Mr. Vega updated the Committee on staff’s initial attempts at creating an interface for our current software that will act as an educational interactive digital kiosk for the lobby and for presentations. Staff hopes to have a demonstration for the Committee for next month’s meeting. 2.4. Spring Newsletter Draft Content The Committee discussed ideas for content for the upcoming Spring Newsletter. Content will include an article outlining current and upcoming projects and the potential impact of Annexation into OCWD, understanding your water bill and a piece on the Citizens Advisory Committee. 2 2.5. New Bottled Water Label Review (Verbal Report) The Committee reviewed the newest edition of YLWD Bottled Water and the new label, noting that the winning artwork worked nicely for the label. 2.6. YLWD Campus Inspirational Messaging (Verbal Report) The Committee looked at suggestions for some signage or inspirational messaging throughout the District Campus to serve as reminders of Core Values, Our Mission and Our Vision. Staff is going to solicit inputs from managers and supervisors District-wide as to what messages each division would like to emphasize. 2.7. Status of Public Outreach Activities The Committee reviewed the upcoming Public Outreach Activities and scheduled bottled water donations. 2.8. Status Report on Strategic Plan Initiatives The Committee reviewed the report and noted that the Public Affairs Workshop is scheduled for Thursday, March 21, from 11:00 am-1:00 pm. 2.9. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:35 p.m. The next Public Affairs- Communications-Technology Committee meeting is scheduled to be held Wednesday, February 20, 2013 at 4:00 p.m. ITEM NO. 11.6 AGENDA REPORT Meeting Date: February 14, 2013 Subject:YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) · Minutes of meeting held February 4, 2013 at 9:00 a.m. · Meeting to be scheduled in May 2013. ATTACHMENTS: Name:Description:Type: 020413_City_of_Placentia_-_Minutes.docx YLWD/Placentia Mtg Minutes 02/04/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT COMMITTEE MEETING WITH CITY OF PLACENTIA Monday, February 4, 2013 9:00 a.m. Placentia City Hall – 401 E Chapman Ave, Placentia CA 92870 The February 4, 2013 meeting of the YLWD/City of Placentia Joint Agency Committee was called to order at 9:00 a.m. The meeting was held in the City’s Administrative Conference Room at Placentia City Hall located at 401 East Chapman Avenue, Placentia CA 92870. 1. CALL TO ORDER 2. ROLL CALL YLWD COMMITTEE MEMBERS YLWD STAFF Gary T. Melton, Board President Steve Conklin, Acting General Mgr Phil Hawkins, Director CITY OF PLACENTIA MEMBERS CITY OF PLACENTIA STAFF Scott W. Nelson, Mayor Troy L. Butzlaff, City Administrator Chad P. Wanke, Councilmember 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Potential Service Consolidation and Cost Sharing Opportunities The Committee discussed the potential for potential service consolidation and cost sharing opportunities for the following: • Fleet Services Mr. Butzlaff indicated that the City is maintaining its 126 total equipment and vehicle pieces with two part-time contract employees. They are looking for other options for this service that may be more cost effective. Mr. Conklin noted that the District has three full-time mechanics to maintain the District’s fleet as well as the engine-drivers and gear drives for well pumps and booster pumps, and other duties. The District’s mechanics are fully committed at this time. There was discussion but no decision to pursue this further at this time. • Joint-Use of Heavy Equipment It was acknowledged by both parties that we each have heavy equipment that is only used periodically and could potentially be used by the other. This idea is being espoused by LAFCO and by WEROC to make better use of local resources and save money. It was agreed 2 that the City and District would each prepare a list of heavy equipment, its capabilities and operators on staff. • GIS Services Mr. Butzlaff reported that the City has contracted GIS services and is not particularly happy with the provider. They would be interested in seeing a demonstration of the District’s GIS program, staffing and equipment at the next Joint Agency meeting in May. Mr. Conklin agreed to include that as part of the May meeting at YLWD. The City would like to continue discussions on options and potential for the District providing GIS services for the City. 4.2. Water Service Mr. Butzlaff reported that the residents continue to complain about GSWC and the cost of service, and have asked the City to take over as the water provider. Director Melton noted the same for residents in the Locke Ranch area of YL. Both acknowledged that it would be very expensive to try to buy out GSWC and may not ever pencil-out as cost effective. It was suggested that we could inquire from consultants what it would cost to estimate the buy-out cost for GSWC facilities. Mr. Butzlaff also noted that advertisements are being received by City residents for insurance for replacement of water and sewer lines on the residents’ property. It did not appear that similar advertisements were received in YL. There was concern if the insurance is reputable. This was offered as a “heads-up” to the District if and when the advertisements are received by District customers. 4.3. Water Conservation Mr. Butzlaff reported that the City would like to pursue a potential joint project with the District to replace grass and plants in center medians in YL Blvd, west of Rose, in the YLWD service area, with synthetic turf and drought-tolerant plants. This would be a demonstration project for which the City would be requesting payment participation by the District or MWDOC. Mr. Conklin noted that MWDOC may still have a grant program for such improvements, and that the District will contact MWDOC for more information and discussion at the May meeting. 4.4. Sewer Services Mr. Butzlaff reported that the City will be preparing GIS mapping of the sewers and a sewer master plan in the coming year. After those are complete we could pursue discussions on potential take-over of the sewers by the District. 4.5. Matters Initiated By Committee Members It was agreed to meet on a quarterly basis, with the next meeting in May at YLWD. 3 4.6. Items for Next Agenda • The City and District each prepare a list of heavy equipment, its capabilities and operators on staff for the next meeting. • District provide a demonstration of its GIS program, staffing and equipment at the next Joint Agency meeting in May. • District to contact MWDOC about grant program for water conservation improvements for discussion at the May meeting. 5. ADJOURNMENT 5.1. The meeting was adjourned at 10:00 a.m. The next YLWD/City of Placentia Joint Agency Committee meeting will be scheduled in May 2013 at the District’s office on a date yet to be determined. ITEM NO. 11.7 AGENDA REPORT Meeting Date: February 14, 2013 Subject:YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) · Minutes of meeting held January 22, 2013 at 4:00 p.m. · Meeting scheduled March 26, 2013 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 012213_MWDOC_OCWD_-_Minutes.docx YLWD/MWDOC/OCWD Mtg Minutes 01/22/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT COMMITTEE MEETING WITH MWDOC AND OCWD January 22, 2013 A meeting of the YLWD/MWDOC/OCWD Joint Agency Committee was called to order at 4:00 p.m. The meeting was held at the District’s Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. YLWD COMMITTEE MEMBERS YLWD STAFF Director Michael J. Beverage Steve Conklin, Acting General Manager Director Gary T. Melton MWDOC COMMITTEE MEMBERS MWDOC STAFF Director Brett Barbre Harvey De La Torre, Principal Analyst OCWD COMMITTEE MEMBER OCWD STAFF Director Roger Yoh Mike Markus, General Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Refund to Tier 2 Contingency Fund Director Barbre reported that Tier 2 Refund checks are being processed, and that a check for $177,000 will be delivered from him to YLWD. He noted that approximately $1 million will remain in the fund for potential unknowns that may occur. 2.2. MET’s 6-Month Financial Review Director Barbre reported that currently Met is seeing higher water sales than projected, resulting in higher revenues than anticipated. Met is looking at options for the use of this revenue, including paying down debt or investing in pay-go for upcoming capital replacement projects. Concerning rate increases, Met is looking to smaller annual rate increases of 3% per year rather than the historical approach of large increases farther apart. 2.3. Poseidon Huntington Beach Options Director Barbre described the status of the Carlsbad Desal Project versus that for Huntington Beach. Carlsbad has all the water sales agreements executed and the construction contract awarded, with construction complete in about 2 years. For HB, no water sales contracts executed, no agreement on which agency may oversee the sales and distribution, and still need to get Coastal Commission approval. However, still expect the deal to ultimately go through. The cost of water produced in HB is 2 expected to be in the range of $1750 to $2200 per AF. The water may be eligible for a Met LRP subsidy of $250/AF. It was noted that there is an article on the HB project in the OC Register today. Director Beverage asked that this item remain as a standing item on future agendas. He noted that YLWD did not sign a letter of interest for the HB project water, due to the distance of YLWD from the project and the need for a financial commitment; however, the District may want to look at that option again when the project is more fully defined. 2.4. YLWD Annexation to OCWD Mr. Markus reported that the annexation is still on schedule for final consideration by the OCWD Board in August 2013. 2.5. YLWD Well Site on OCWD Property Mr. Markus noted that the well site agreement has been approved and signed by both agencies. Mr. Conklin reported that plans are proceeding on the contract with CDM Smith, who will be preparing construction specifications for the drilling of the new well. It was agreed that this item can be removed as a standing item on future meeting agendas. 2.5. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The Committee adjourned at 5:00 p.m. The next meeting of the YLWD- MWDOC-OCWD Joint Agency Committee will be held Tuesday, March 26, 2013 at 4:00 p.m. ITEM NO. 13.1 AGENDA REPORT Meeting Date: February 14, 2013 Subject:Meetings from February 15, 2013 - March 31, 2013 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Event Date Attendance by: February 2013 District Offices ClosedMon, Feb 18 Yorba Linda City CouncilTue, Feb 19Collett MWDOC BoardWed, Feb 20Melton UWI Spring Water ConferenceWed, Feb 20Kiley Pub Affairs-Communications-Tech Committee MeetingWed, Feb 20Beverage/Collett OCWD BoardWed, Feb 20Kiley UWI Spring Water ConferenceThu, Feb 21Kiley CSDA Governance Foundations TrainingThu, Feb 21Melton UWI Spring Water ConferenceFri, Feb 22Kiley Citizens Advisory Committee MeetingMon, Feb 25Beverage Finance-Accounting Committee MeetingMon, Feb 25Hawkins/Melton Personnel-Risk Management Committee MeetingTue, Feb 26Collett/Beverage Exec-Admin-Organizational Committee MeetingWed, Feb 27Melton/Kiley Yorba Linda Planning CommissionWed, Feb 27Hawkins Board of Directors Regular MeetingThu, Feb 28 March 2013 WACOFri, Mar 1Hawkins/Kiley Pub Affairs-Communications-Tech Committee MeetingMon, Mar 4Beverage/Collett Yorba Linda City CouncilTue, Mar 5Kiley MWDOC/MWD WorkshopWed, Mar 6Melton OCWD BoardWed, Mar 6Kiley Planning-Engineering-Operations Committee MeetingThu, Mar 7Kiley/Hawkins MWDOC Colorado River Aqueduct Inspection TourFri, Mar 8Collett MWDOC Colorado River Aqueduct Inspection TourSat, Mar 9Collett MWDOC Colorado River Aqueduct Inspection TourSun, Mar 10Collett Personnel-Risk Management Committee MeetingTue, Mar 12Collett/Beverage LAFCOWed, Mar 13Beverage Yorba Linda Planning CommissionWed, Mar 13Melton Board of Directors Regular MeetingThu, Mar 14 Exec-Admin-Organizational Committee MeetingTue, Mar 19Melton/Kiley Yorba Linda City CouncilTue, Mar 19Collett MWDOC BoardWed, Mar 20Melton OCWD BoardWed, Mar 20Kiley Board of Directors Workshop MeetingThu, Mar 21 Citizens Advisory Committee MeetingMon, Mar 25Beverage Finance-Accounting Committee MeetingMon, Mar 25Hawkins/Melton Joint Committee Meeting with MWDOC and OCWDTue, Mar 26Beverage/Melton Personnel-Risk Management Committee MeetingWed, Mar 27Collett/Beverage Yorba Linda Planning CommissionWed, Mar 27Hawkins Board of Directors Regular MeetingThu, Mar 28 4:00PM 4:00PM 7:00PM 8:30AM 6:30PM 8:30AM 5:30PM 11:00AM 8:30AM 12:00PM 8:00AM 4:00PM 8:30AM 7:00PM 8:30AM 4:00PM 6:30PM 8:30AM 5:30PM 3:00PM 8:00AM 8:00AM 7:00PM 8:30AM 7:30AM 4:00PM 8:30AM 8:30AM 8:30AM 12:00PM 4:00PM 4:00PM 6:30PM 8:30AM 12:00PM 4:00PM 5:30PM 8:00AM Board of Directors Activity Calendar Time 7:00AM 2/7/2013 11:09:36 AM ITEM NO. 14.1 AGENDA REPORT Meeting Date: February 14, 2013 Subject:MWDOC Colorado River Aqueduct Inspection Trip - March 8-10, 2013 Children's Water Education Festival - March 27-28, 2013 Santa Ana River Watershed Conference - April 11, 2013 ACWA/JPIA Spring Conference - May 6-7, 2013 ACWA/Spring Conference - May 7-10, 2013 OC Water Summit - May 17, 2013 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at these events if desired. ATTACHMENTS: Name:Description:Type: MWDOC_Inspection_Trip.pdf Backup Material Backup Material Water_Festival.pdf Backup Material Backup Material SAWPA_Conf.pdf Backup Material Backup Material ACWA_Conf.pdf Backup Material Backup Material OC_Water_Summit.pdf OC Water Summit Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/14/2013 MB/RK 5-0 Each trips t Califo These Califo Our g valua restor For m Tiffan extrem Wate Color The C plain. proce year, Orange to key water fa ornia and the M e trips are engi ornia’s water su goal is to sprea able firsthand ex ration, agricultu more informatio ny Baca at (714 mely limited. er Inspection T rado River Aq Colorado River This 2 or 3 da ess, and what m County residen cilities through Municipal Water ineered to educ upply, and the s d the word abo xperience to al ural challenges n regarding the 4) 593-5013 or Trips Overview queduct Aqueduct is o ay inspection tri measures are t nts, community out the state of r District of Ora cate members significant issu out water, and t ll guests who p s and water con e Metropolitan/ email Tiffany B w ne of three maj ip will provide a aken to ensure y leaders, and e f California. Th ange County. of our commu ues involved in to encourage c participate. Issu nservation are /MWDOC Inspe Baca. Please n jor water delive a unique, inside e the highest qu elected officials hese trips are s nities about the the delivery an critical dialog a ues of water su addressed by ection Trip Pro note that attend ery systems se e look at the 24 uality level of re s are invited to sponsored by t e planning, pro nd managemen bout the future upply, water ma a variety of kno ogram, or to be dance on these ervicing the 5,2 42 mile aquedu eliable water fo attend special the Metropolita ocurement and nt of this precio e of our water r anagement, wa owledgeable e added to the t e trips is by invi 200 square mile uct system, Me or Southern Ca lly designed wa an Water Distric management o ous resource. esources by pr ater quality, env xperts in the fie tour interest list itation only, an e southern Cali etropolitan’s wa alifornia. ater inspection ct of Southern of Southern roviding vironmental eld of water. t, please call d space is ifornia coastal ater treatment 2013 Santa Ana River Watershed Conference MARK YOUR CALENDARS! Convened by the Santa Ana Watershed Project Authority (SAWPA) and coordinated by the Water Education Foundation It's up to US to address 21st century challenges! Fiscal crisis, energy costs, weather changes, the Delta, drought AND enough water for people, fish and food. Together We Can Achieve So Much More • Powerful partnerships unlock synergy and efficiencies. • Partnerships foster innovation to meet our challeges. • Together we will see each problem as interrelated. • This collaborative working conference will produce a framework for the Santa Ana River Watershed. For more information, contact the Water Education Foundation at (916) 444-6240. Sponsorship and vendor opportunities are available for this one-day conference. Click here to learn more or contact Jean Nordmann at jnordmann@watereducation.org or (916) 444-6240 for more information. 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STANDARD PRICES Pre-Reg On-S N/A N/ $765 $79 $395 $45 $395 $45 eservation formation , your unity to lude hotel o the r D Site /A 95 50 50 n Preliminary Conference Agenda - Spring 2013 Tuesday, May 78 a.m. ACWA / MWH Golf Tournament Thursday, May 96:45-8:30 a.m. San Joaquin Valley Agricultural Water Committee MONDAY, MAY 6 7:30-8:45 a.m. ACWA/JPIA Liability Program Committee 9-10:15 a.m. ACWA/JPIA Employee Beneﬁ ts Committee 10:30-11:45 a.m. ACWA/JPIA Executive Committee 1:15-2:30 p.m. ACWA/JPIA Town Hall 3-5 p.m. ACWA/JPIA Board of Directors 5-6 p.m. ACWA/JPIA Reception TUESDAY, MAY 7 8 a.m.-6 p.m. Registration 9-10 a.m. ACWA/JPIA: Seminar 10-11:45 a.m. Water Management Committee Water Quality Committee 10:15-11:45 a.m. ACWA/JPIA: Seminar 11 a.m.-Noon Outreach Task Force Noon-2 p.m. ACWA 101 & Luncheon Committee Lunch Break 1-2:45 p.m. Energy Committee Finance Committee Groundwater Committee Scholarship Subcommittee Social Media & Website Workgroup 1-2 p.m. ACWA/JPIA: Seminar 2-4 p.m. SDLF Special District Administrator Certiﬁ cation Test 2-4:15 p.m. Ethics Training 2:15-4:15 p.m. ACWA/JPIA: Seminar 3-4:45 p.m. Communications Committee Federal Affairs Committee Local Government Committee Membership Committee Personnel & Beneﬁ ts Committee 5-6:30 p.m. Welcome Reception in the Exhibit Hall 6:30-7:30 p.m. New Water Professionals No-Host Happy Hour WEDNESDAY, MAY 8 7:30 a.m.-5 p.m. Registration 8-9:45 a.m. Opening Breakfast 8:30 a.m.-Noon & 1:30-5 p.m. Exhibit Hall 10-11:30 a.m. Attorneys Program Communications Committee Program Exhibitor Technical Presentations Finance Program Human Resources Program Region Issue Forum Statewide Issue Forum Water Industry Trends Program 10-11:45 a.m. "Ask the ACWA Experts" in Exhibit Hall 11:30-11:45 a.m. Prize Drawing in Exhibit Hall 11:45 a.m.-1:15 p.m. General Luncheon 1:30-2:30 p.m. Attorneys Program - Part I Exhibitor Technical Presentation Finance Program Region Program Town Hall Water Industry Trends Program 2:30-2:50 p.m. Dessert Break in Exhibit Hall 3-4 p.m. Attorneys Program - Part II Energy Committee Program Exhibitor Technical Presentation Human Resources Program Water Industry Trends Program 4:15-5:15 p.m. Anadromous Species Task Force Region 1 Membership Meeting Region 2 Membership Meeting Region 3 Membership Meeting Region 4 Membership Meeting Region 5 Membership Meeting 4-6 p.m. Legal Affairs Committee 5:30-7 p.m. CH2MHILL Hosted Reception THURSDAY, MAY 9 7:30 a.m.-4 p.m. Registration 8 a.m.-12:15 p.m. Exhibit Hall 8-9:15 a.m. Networking Continental Breakfast in Exhibit Hall Other Events 01/24/13 8-9:30 a.m. "Ask the ACWA Experts" in Exhibit Hall 9:30-11 a.m. Attorneys Program Energy Committee Program Exhibitor Technical Presentations Finance & State Relations Program Human Resources Program Region Issue Forum Statewide Issue Forum Water Industry Trends Program 11-11:30 a.m. Prize Drawing in Exhibit Hall 11:45 a.m.-1:15 p.m. General Luncheon 1:15-1:30 p.m. Dessert Break sponsored by Krieger & Stewart, Inc., Consulting Engineers 1:45-2:45 p.m. Attorneys Program Exhibitor Technical Presentation Region Program Statewide Issue Forum 3-4 p.m. Exhibitor Technical Presentation Federal Issues Forum Human Resources Program Water Industry Trends Program 4:15-5:15 p.m. Regions 6 & 7 Membership Meeting Region 8 Membership Meeting Region 9 Membership Meeting Region 10 Membership Meeting 6-7 p.m. New Water Professionals Reception 7-9 p.m. Dinner FRIDAY, MAY 10 8-9:30 a.m. Registration 8:30-10 a.m. ACWA's Past Presidents' Breakfast in Partnership with ACWA-JPIA ALL CONFERENCE PROGRAMS ARE SUBJECT TO CHANGE. 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